In the Matter of the Application for Permission to Sue Samuel C. Pulis, as Receiver of Rents and Profits of Premises 38-40 Johnson Avenue, Brooklyn, New York, Receiver, Appellant, or in the Alternative, for an Order Permitting Samuel C. Pulis, Receiver of Said 38-40 Johnson Avenue, Brooklyn, New York, to Make Certain Payments to the Heating and Plumbing Finance Corporation, Respondent

In the Matter of the Application for Permission to Sue Samuel C. Pulis, as Receiver of Rents and Profits of Premises 38—40 Johnson Avenue, Brooklyn, New York, Receiver, Appellant, or in the Alternative, for an Order Permitting Samuel C. Pulis, Receiver of Said 38—40 Johnson Avenue, Brooklyn, New York, to Make Certain Payments to the Heating and Plumbing Finance Corporation, Respondent. [MAJORITY] Order modified by striking out the provisions directing payment by the receiver, and by inserting therein a provision granting leave to respondent to sue the receiver, and as so modified affirmed, without costs. We are of opinion that, in the circumstances shown, the respondent should proceed by action against the receiver to establish its claim. Lazansky, P. J., Kapper, Carswell, Tompkins and Davis, JJ., concur.