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U.S. Bank N.A. v Culver (2010 NY Slip Op 51017(U))
[*1]


Decided on June 8, 2010
Supreme Court, Orange County

5813/2009
Catherine M. Bartlett, J.
This action seeks to foreclose a mortgage on an unoccupied residential condominium unit, 125 of the Mountainside Hills Condominium II located at 17 Lexington Way, Middletown, New York. As interlocutory relief, The defendant Board of Managers of the Mountainside Hills Condominium II, ("Board,") a junior lienor, seeks the appointment of a receiver of the unit in question, with direction to the receiver to rent unit and to apply the proceeds first to the payment of current common charges, then to the reduction of the mortgage.
U.S. Bank N.A. v Culver (2010 NY Slip Op 51017(U))
The plaintiff opposes this application. This opposition raises the danger of the wasting away of the asset and the accrual of needless common charges. A denial of this application would be to the detriment of the interests of the Board because it is unlikely that these common charges [*2]will be paid out of the proceeds of the foreclosure sale.
CPLR

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New York Law