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Singh v. Brunswick Hosp. Center, Inc.
2003 N.Y. Slip
Op. 19116
N.Y.A.D. 2 Dept. 2003.
Decided on December 1, 2003
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op.
19116) |
**1
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op. 19116,
**1) | Amar Jit Singh, etc.,
et al., respondents,
v.
Brunswick Hospital Center, Inc., et al., defendants, MD Stat, LLC,
et al.,
appellants. (Index No. 23503/01)
2002-08243
Supreme Court, Appellate Division, Second Department, New
York
Decided on December 1, 2003
APPEARANCES OF COUNSEL
John Stravato, Melville, N.Y.
(Dalia Barkarhatar of counsel), for
appellants.
Certilman
Balin Adler & Hyman, LLP, East Meadow, N.Y.
(John H. Gionis and
Jaspreet S. Mayall
of counsel), for respondents.
In an action,
inter alia, for specific performance and to recover damages for
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op. 19116,
**1) | breach of contract, the defendants MD Stat, LLC, and Ted
Doukas appeal, as limited by their brief, from so much of an order of the
Supreme Court, Suffolk County (Cohalan, J.), dated August 21, 2002, as
granted the plaintiffs' separate motions to stay a certain summary
proceeding and consolidate it with this action to the extent of placing
certain real property with a receiver, and denied their cross motion,
inter alia, to vacate a restraining order.
ORDERED the order is
affirmed insofar as appealed from, with costs.
The instant case
involves a dispute over the rightful ownership of Brunswick Hospital
**2
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op. 19116,
**2) | Center, Inc.
(hereinafter the hospital), located in Amityville. The plaintiffs had
entered into a series of agreements with the owners, the defendants
Benjamin, Claire, and Douglas Stein, and Amityville Physicians Realty,
whereby those defendants agreed to convey their 100% ownership of the
hospital and the land on which it is situated to the plaintiffs. However,
those defendants apparently conveyed the real property to the defendant MD
Stat, LLC, controlled by the defendant Ted Doukas, and shortly thereafter
rescinded the agreements with the plaintiffs, allegedly for just cause.
After the plaintiffs commenced the instant action, inter alia, for
specific performance, the Supreme Court appointed a receiver to oversee
the hospital. Subsequently, the Supreme Court granted the plaintiffs'
separate motions to stay a certain summary proceeding and consolidate it
with this action to the extent of placing the
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op. 19116,
**2) | real
property with the receiver, and denied the appellants' cross motion, inter
alia, to vacate a restraining order barring them from commencing eviction
proceedings against the hospital or its tenants. We affirm.
Pursuant to
CPLR 6401(a), the Supreme Court has the discretion, upon a
motion by a party with an "apparent interest" in the "property which is
the subject of an action," to appoint a temporary receiver of the property
"where there is danger that the property will be * * * lost, materially
injured or destroyed" (see Domansky v Berkovitch, 259 AD2d 331). In this case,
the documentary evidence sufficiently established that the plaintiffs have
an "apparent interest" in the subject property. In addition, the
unilateral actions and conduct of the various defendants in apparent
willful disregard of the agreements and prior orders of the Supreme Court
indicate a danger of material injury to the property unless a receiver was
appointed see Chaline Estates v Furcraft Assocs., 278 AD2d 141; Beatty v Williams, 227 AD2d 912; 64 B Venture v American Realty Co., 194 AD2d 504;
Gimbel v Reibman, 78 AD2d 897).
The appellants'
remaining contentions are without merit.
SANTUCCI, J.P., LUCIANO,
SCHMIDT and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
| (Cite
as: 2003 WL 22870993 (N.Y.A.D. 2 Dept.), 2003 N.Y. Slip Op. 19116,
**2) | Clerk
N.Y.A.D. 2 Dept. 2003.
Singh v Brunswick Hosp.
Ctr.
END OF DOCUMENT
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