Legal Opinion
Marine Midland Bank v. Margal Enterprises, Inc.
New York County Courts
Decided May 3, 1977PublishedCited by 2 opinions
1Opinion of the CourtCharles F. Graney, J.
The plaintiff has sued to foreclose a mortgage and has included as a defendant the United States of America which has leased a portion of the subject premises. The plaintiff claims that the existence of this lease would make the property virtually unmarketable at a foreclosure sale.
The defendant, United States of America, has moved to dismiss the action against itself on the ground that the court has no jurisdiction of the subject matter (CPLR, 3211, subd [a], par 2) because the United States has not waived sovereign immunity so as to give State courts jurisdiction to terminate its rights…
2Cases cited5 opinions
- United States v. BrosnanSupreme Court of the United States · 1960
- Ansonia National Bank of Ansonia, Connecticut v. United StatesDistrict Court, D. Connecticut · 1956
- Wells v. LongDistrict Court, D. Idaho · 1946
- Zager v. United StatesDistrict Court, E.D. Wisconsin · 1966
- Hull v. TollefsonDistrict Court, D. North Dakota · 1956
3Cited by2 opinions
- Brown v. Dellinger (In Re Brown)United States Bankruptcy Court, N.D. New York · 1982
- Marine Midland Bank v. Marcal Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1978