Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

You searched for: "Receivers"

Search Results

December 22, 2025 Court Grants LLC Member’s Request For Appointment Of Receiver And Accounting To Investigate Alleged Improper Use Of LLC Funds Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. Kissane
On November 10, 2025, Justice Andrew Borrok granted a request for a court-appointed receiver and for an accounting of all income and expenses of a LLC to investigate alleged improper uses of the LLC’s assets. In 176 West 87th Leasehold LLC, et al., v. Mark S. Rudd, et al., Index No. 653491/2025, the LLC in question had three individual members who jointly managed the LLC. After one of the members passed away, an estate executor took over representation of his interest in the LLC. The estate executor allegedly discovered that the other two members had been improperly using the LLC’s assets to pay for their families’ health insurance and had made a $150,000 payment without the consent of the deceased member. Because relations between the members had broken down, the executor brought a petition to dissolve the LLC and sought appointment of a receiver and an accounting. The Court granted those requests, explaining: Read More
May 31, 2024 Receiver Appointed Over Judgment Debtors' Interests in Business Entities After Judgment Debtors Violate Court Orders and Evade Judgment Enforcement Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On April 19, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in DB Auraria LLC v. Nelson, et al., Index No. 653436, granting a judgment creditor's motion to appoint a receiver over the interests of judgment debtors in any business entity, explaining: Read More
April 12, 2024 Court Grants Civil Contempt for Failure to Cooperate with Court-Appointed Receiver Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On March 11, 2024, Justice Andrea Masley of the New York County Commercial Division, issued a decision in Bernstein-Deitcher v Gurwitz, 2024 NY Slip Op 30819(U), granting the motion by the Court-appointed receiver to hold the Defendant in civil contempt for lack of compliance with the Court’s prior order requiring the turnover and sale of certain shares of stock to satisfy an unpaid judgment. The Court held that contempt was appropriate despite Defendants’ compliance with certain aspects of that order after the receiver had moved for contempt. The Court explained: Read More
November 9, 2019 Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2018 Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
July 3, 2018 Receiver May Be Liable For Distributing Funds In Violation Of Order; Lack Of Knowledge Immaterial Because Order Was E-Filed
On May 24, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in K… Read More
November 7, 2013 Competing Claims of Ownership Call for Appointment of a Receiver
On October 23, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More