| Estate of Gordon v City of New York |
| 2013 NY Slip Op 03405 [106 AD3d 472] |
| May 9, 2013 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Estate of Iris Gordon, Deceased,
Respondent, v City of New York et al., Defendants, and Francis Syn-Moye et al., Appellants. |
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Albert Van-Lare, New York, for respondent.
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 7-A of the Real Property Actions and Proceedings Law. Concur—Andrias, J.P., Saxe, Freedman and Feinman, JJ.
Motion for sanctions denied.