Opinion
May 23, 1988
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion is denied.
The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of property from a party without the benefit of a trial on the merits (Schachner v Sikowitz, 94 A.D.2d 709). Such a provisional remedy may only be invoked in cases where the moving party has made a clear evidentiary showing of the necessity of the conservation of property and the protection of the interests of that party (Glassner v Kaufman, 19 A.D.2d 885). Such a showing has not been made in the case at bar. The plaintiff's conclusory allegations are inadequate to substantiate its claim that Capital's assets, which are now owned by TSC, are in danger of being removed from the State (Shapiro v Ostrow, 46 A.D.2d 859).
We note also that the appellants' argument that the Supreme Court improperly granted the plaintiff a preliminary injunction is without merit. The record herein clearly reflects the fact that the plaintiff neither requested nor obtained a preliminary injunction. Mollen, P.J., Mangano, Brown and Kunzeman, JJ., concur.