99 A.D.2d 917 | N.Y. App. Div. | 1984
Appeal from an order of the Supreme Court at Special Term (Dier, J.), entered May 19, 1983 in Warren County, as modified by an order of said court (Mercure, J.), entered May 25, 1983 in Warren County, which granted plaintiff’s motion for the appointment of a receiver. The underlying action is for a accounting of business property known as the “Lone Bull Restaurant” situated in the Town of Lake George, Warren County, and jointly owned by the parties, who are husband and wife. Within the context of a divorce action commenced in March, 1982, the parties were granted the right to jointly operate and manage the marital business for the 1982 season. In this action, plaintiff alleges that despite the joint management order, defendant controlled the business during 1982 and yet failed to account or distribute any business profits, claiming that all the records had been stolen. By order entered May 19, 1983, plaintiff’s motion for the appointment of a receiver pendente lite to manage the financial aspects of the restaurant was granted.
This order was later modified by order entered May 25, 1983 to provide for the filing of an undertaking. Defendant’s application for a stay pending appeal was denied by order of this court entered June 16, 1983.