I'm not sure; just in general I guess for a property going through foreclosure.
New York State...in a borough of new york city. (Bronx I believe)
Okay, thanks. Surprisingly (at least surprising to me), there has been very little discussion of the power of receivers in NY appellate case law since the 19th Century (only one case -- comprising a single paragraph). The current state of the law is discussed in 64 B Venture v. American Realty Co., Respondent, and American Nursing Home et al., 194 A.D.2d 504, 599 N.Y.S.2d 567 (1993), wherein the court writes: "[T]the powers and duties of the receiver appointed pursuant to the court's equity powers are formulated as a matter of judicial discretion (7A Weinstein-Korn-Miller, NY Civ Prac ¶ 6401.16), and the court 'is vested with inherent plenary power (NY Const, art VI, § 7) to fashion any remedy necessary for the proper administration of justice' (People ex rel. Doe v Beaudoin, 102 AD2d 359, 363)."In plain English, in appointing a receiver, the court can order whatever it wants, absent an order that no reasonable jurist would make, and the receiver's powers are subject to the reasonable bounds of the court's orders. This is both good and bad for you, if I understand your concern. You can argue that the receiver was appointed to collect rent, not to install capital improvements, and while reasonable maintenance may be within the scope of operating the rental, installation of a new HVAC system is not. Ultimately, it would be up to the court to decide whether or not the receiver has exceeded his/her authority. Hope this helps.
Where do you see this rule though about what is resaonable and what isn't as well as a receiver only being able to do waht the court tells them to do? I basically want a list of their obligations and duties, of which they are expected to do in NY, as well as what they are legally obligated to do.
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