CPLR 6401(a) permits the court, upon a motion by a person with an apparent interest in property, to appoint a temporary receiver of the property where there is danger that it will be lost, materially injured or destroyed. The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of property from a party without an adjudication on the merits. The motion seeking the appointment should be granted only where the moving party has made a clear and convincing evidentiary showing of irreparable loss or waste to the property and that a temporary receiver is needed to protect the movant's interests.
American Cancer Socy., Inc. v. Ashby, NY Slip Op 03398 (2d Dep't June 20, 2024)
