Manhattan Commercial Receiver
New York County Commercial Division receiverships: rent receivers, operating receivers, and post-judgment receivers under CPLR 5228.
Receivership practice in Manhattan County
Manhattan matters are usually document-heavy and lender-driven: sophisticated loan documents with receivership clauses, ground leases, mezzanine structures, and institutional stakeholders who expect professional reporting on a schedule.
We combine that reporting discipline with hospitality and licensing operating experience, which matters when the collateral is a functioning restaurant or a licensed venue rather than a passive rent roll.
Where these matters are heard in Manhattan
- Supreme Court, New York County — Commercial Division
- Commercial foreclosure receiver applications
- CPLR 5228 post-judgment enforcement receiverships
Manhattan businesses and assets we handle
- Office and retail condominium units
- Restaurants, hotels, and licensed venues
- Professional services firms in dissolution
- Investment vehicles and joint ventures
- Retail and showroom tenancies
New York Receivership Guide
What every business owner should know before seeking — or opposing — a receiver.
- The CPLR 6401 standard, in plain language
- What to put in (and keep out of) the appointment order
- What receiverships actually cost
- Alternatives courts prefer, and how to propose them
Receivership questions in Manhattan County
Receivership questions are fact-specific. These answers are general information, not legal advice for your matter.
You move in the pending Supreme Court action — usually by order to show cause — with evidence that the property or business is at risk of loss, waste, or dissipation and that no lesser remedy will protect it. In Manhattan, the motion is heard by the assigned IAS or Commercial Division part, and the court will want a proposed order that defines the receiver's powers precisely.
A temporary receiver can be appointed within days on an emergency application. The receivership itself typically runs from a few months to well over a year, depending on whether the underlying dispute settles, the asset is sold, or the business is stabilized and returned to its owners.
Receiver compensation is set by the court and paid from the receivership estate, not by the parties personally. Under CPLR 8004, commissions are capped at five percent of sums received and disbursed, subject to the court's discretion. Counsel and accountants retained by the receiver require separate court approval.
Yes, but regulatory approval matters. Liquor-licensed and cannabis-licensed operations require notice to and, in many cases, approval from the regulator before a receiver takes operational control. Handling that step late is the fastest way to lose the license and the value of the business with it.
Yes. Michael James is Part 36 approved and accepts court appointments in Manhattan County, and also serves as counsel to parties seeking or opposing the appointment of a receiver.
Seeking a receiver, opposing one, or considering an appointment?
Part 36 approved receiver and receivership counsel for New York City and Long Island matters.