CPLR 1338 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1337 Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order up ARTICLE 13-A Proceeds of a Crime-forfeiture next SECTION 1339 Oath Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1338 Appointment and powers of temporary receiver Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A § 1338. Appointment and powers of temporary receiver. 1. Appointment of temporary receiver; joinder of moving party. Upon motion of the claiming authority on any other person having an apparent interest in property which is the subject of an action pursuant to this article, a temporary receiver of the property may be appointed, before or after service of summons and at any time prior to judgment, or during the pendency of an appeal, where there is danger that the property will be removed from the state, or lost, materially injured or destroyed. A motion made by a person not already a party to the action constitutes an appearance in the action and the person shall be joined as a party. 2. Powers of temporary receiver. The court appointing a receiver may authorize him or her to take and hold real and personal property, and sue for, collect and sell debts or claims, upon such conditions and for such purposes as the court shall direct. A receiver shall have no power to employ counsel unless expressly so authorized by order of the court. Upon motion of the receiver or a party, powers granted to a temporary receiver may be extended or limited or the receivership may be extended to another action involving the property. 3. Duration of temporary receivership. A temporary receivership shall not continue after final judgment unless otherwise directed by the court.