Marine Midland Bank, N. A. v. A & M Warehouse, Inc.

OPINION OF THE COURT

Thomas P. Flaherty, J.

This is a motion by Manufacturers and Traders Trust Company (M & T) for an order confirming a referee’s report of sale in connection with this foreclosure action, determining the priority of all claimants to the surplus money generated, and directing that the surplus money be paid to the claimants in the order of their priorities.

The underlying action was brought to foreclose a mortgage held by plaintiff Marine Midland Bank, N. A. on premises owned by A & M Warehouse, Inc. (A & M) and located in Chautauqua County, New York (premises).

Pursuant to a…