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ESTATE OF IRIS GORDON, M-1982plf-res, v. CITY OF NEW YORK def, FRANCIS SYN-MOYE def-ap

10042&. ESTATE OF IRIS GORDON, M-1982plf-res, v. CITY OF NEW YORK def, FRANCIS SYN-MOYE def-ap — Richard J. Katz, LLP, New York (Brian M. Hussey of counsel), for ap — Albert Van-Lare, New York, for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 30, 2011, which denied defendants-appellants' motion to dismiss the complaint as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against defendants-appellants, without prejudice. The Clerk is directed to enter judgment accordingly.

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10042&. ESTATE OF IRIS GORDON, M-1982plf-res, v. CITY OF NEW YORK def, FRANCIS SYN-MOYE def-ap — Richard J. Katz, LLP, New York (Brian M. Hussey of counsel), for ap — Albert Van-Lare, New York, for res — Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 30, 2011, which denied defendants-appellants’ motion to dismiss the complaint as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against defendants-appellants, without prejudice. The Clerk is directed to enter judgment accordingly.

“[W]here a receiver has been discharged from any and all liability, he or she may not be sued unless the appointing court vacates its order and grants leave to sue” (Gadson v. 1340 Hudson Realty Corp., 180 AD2d 582, 583 [1st Dept 1992]). Nothing in the record indicates that the Housing Court has vacated the consent order dated April 7, 2009, to which plaintiff was a party, discharging defendants as court-appointed administrators under article 7A of the Real Property Actions and Proceedings Law.

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