Eastbank, N.A. v. Malneut Realty Corp

In Eastbank, N.A. v. Malneut Realty Corp. (180 AD2d 442 [1st Dept 1992]) a mortgage foreclosure action, the First Department reversed the Supreme Court's order for the appointment of a receiver, stating, inter alia, that the plaintiff "did not satisfy its burden of making a clear evidentiary showing that appointment of a receiver was necessary to conserve the property and to protect plaintiff's interests" (id. at 442-443.)