Section 6401. Appointment and powers of temporary receiver  


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  • (a) Appointment
      of temporary receiver; joinder of moving party. Upon motion of a  person
      having  an  apparent  interest  in  property  which is the subject of an
      action in the supreme or a county court, a  temporary  receiver  of  the
      property may be appointed, before or after service of summons and at any
      time prior to judgment, or during the pendency of an appeal, where there
      is  danger  that  the  property will be removed from the state, or lost,
      materially injured or destroyed. A motion made by a person not already a
      party to the action constitutes an appearance  in  the  action  and  the
      person shall be joined as a party.
        (b)  Powers of temporary receiver. The court appointing a receiver may
      authorize him to take and hold real and personal property, and sue  for,
      collect  and  sell  debts  or  claims, upon such conditions and for such
      purposes as the court shall direct. A receiver shall have  no  power  to
      employ  counsel  unless  expressly  so authorized by order of the court.
      Upon motion of the receiver or a party, powers granted  to  a  temporary
      receiver  may be extended or limited or the receivership may be extended
      to another action involving the property.
        (c) Duration of temporary receivership. A temporary receivership shall
      not continue after final  judgment  unless  otherwise  directed  by  the
      court.