New York Supreme and/or Appellate Courts Appellate Division, First Department
May 9, 2013
10042 & ESTATE OF IRIS GORDON, PLAINTIFF-RESPONDENT,
CITY OF NEW YORK, ET AL., DEFENDANTS, FRANCIS SYN-MOYE, ET AL., DEFENDANTS-APPELLANTS.
Estate of Gordon v City of New York
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on May 9, 2013 Andrias, J.P., Saxe, Freedman, Feinman, JJ.
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 30, 2011, which denied defendants-appellants' motion to dismiss the complaint as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against defendants-appellants, without prejudice. The Clerk is directed to enter judgment accordingly.
"[W]here a receiver has been discharged from any and all liability, he or she may not be sued unless the appointing court vacates its order and grants leave to sue" (Gadson v 1340 Hudson Realty Corp., 180 AD2d 582, 583 [1st Dept 1992]). Nothing in the record indicates that the Housing Court has vacated the consent order dated April 7, 2009, to which plaintiff was a party, discharging defendants as court-appointed administrators under article 7A of the Real Property Actions and Proceedings Law.
M-1982 - Gordon v Sym-Moye Motion for sanctions denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 9, 2013
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