SKW HILLSIDE BLEECKER LENDER LLC v. McDonald's Corporation et al., Defendants. (2023)

Order, Supreme Court, New York County (Francis A. Khan III, J.), entered on or about October 7, 2022, which granted plaintiff's motion for the appointment of a receiver, unanimously affirmed, without costs.  Appeal from order, same court and Justice, entered February 8, 2023, which, to the extent appealed from as limited by the briefs, upon reargument, adhered to its original determination, unanimously dismissed, without costs, as academic.

The court providently exercised its discretion in granting the appointment of a receiver during the instant mortgage foreclosure of the premises at 145 Bleecker Street, New York, New York and 87–36 Avon Street, Queens, New York. Under Section 2.2(a)(viii) of the mortgage instruments at issue, in the event of default, plaintiff may apply for the appointment of a receiver, without notice and without regard for adequacy of the security for the debt, and without requirement that plaintiff demonstrate more than what is required by Real Property Law § 254(10) (see CSFB 2004–C3 Bronx Apts LLC v. Sinckler, Inc., 96 A.D.3d 680, 680–681, 949 N.Y.S.2d 21 [1st Dept. 2012];  Ridgewood Sav. Bank v. New Line Realty VI Corp., 24 Misc.3d 1227[A] *2–*3, 2009 WL 2264340 [Sup. Ct., Bronx County 2009]). Contrary to defendants’ argument, plaintiff did not waive its right to foreclose under the mortgages (see 800 Third Ave. Assoc., LLC v. Roadrunner Capital Partners LLC, 214 A.D.3d 429, 429, 185 N.Y.S.3d 67 [1st Dept. 2023]).

We have considered defendants’ remaining arguments and find them unavailing.