In W.I.M. Corp. v. Cipulo, 216 A.D. 46 (A.D. 1 Dept., 1926), the Supreme Court of New York, Appellate Division, reversed a lower court's grant of receivership when plaintiff's moving papers alleged that only $ 600.00 in repairs were needed to the property-at-issue and proffered only "very meager proof" as to the poor condition of the building. Moreover, when deciding that the appointment of a receiver was unjustified the court noted that the circumstances of the underlying mortgage foreclosure "arouse[d] the suspicion [of the court] that the plaintiff had some ulterior motive" for instituting the proceeding. (Id. at 51.)