Legal Opinion
South Brooklyn Savings Bank v. All State Insurance
New York Supreme Court
Decided November 14, 1975PublishedCited by 4 opinions
1Opinion of the CourtLouis B. Heller, J.
Defendant, the United States of America, moves to dismiss this action on the grounds that its sovereign immunity has not been waived and therefore, this court lacks jurisdiction over it.
Plaintiff, on April 25, 1968, became the owner of a note and mortgage on real property owned by defendants Ernest Malizia and Dplores Malizia, his wife. It alleges that the note is now in default. The property was insured against fire loss by defendant, All State Insurance Co., and the policy provided for the protection of the plaintiff mortgagee. The premises were destroyed by fire on January 5, 1973 while…
2Cases cited4 opinions
- Johnson Service Company v. HS Kaiser CompanyDistrict Court, N.D. Illinois · 1971
- Kaplan v. Supak & Sons Manufacturing Co.Civil Court of the City of New York · 1965
- Ruppert v. Community National BankAppellate Division of the Supreme Court of the State of New York · 1964
- Ruppert v. Community National BankNew York Court of Appeals · 1965
3Cited by4 opinions
- Western Medical Properties Corp. v. Denver Opportunity, Inc.District Court, D. Colorado · 1980
- Kentucky ex rel. United Pacific Insurance v. Laurel CountyCourt of Appeals for the Sixth Circuit · 1986
- Commonwealth of Kentucky for the Benefit of United Pacific Insurance Company and United Pacific Insurance Company v. Laurel County and Laurel County Fiscal Court, and Third Party Laurel County Board of Education v. United States of America, Third PartyCourt of Appeals for the Third Circuit · 1986
- Lowndes Bank v. MLM Corp.West Virginia Supreme Court · 1990