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UNITED STATES v. 53¼ ACRES OF LAND, ETC.

Civ. No. 494.

48 F.Supp. 764 (1942)

UNITED STATES v. 53¼ ACRES OF LAND, MORE OR LESS, IN BOROUGH OF BROOKLYN, KINGS COUNTY, N. Y., et al.

District Court, E. D. New York.

November 25, 1942.

Attorney(s) appearing for the Case

Harry T. Dolan, Sp. Asst. to Atty. Gen. of U. S. (Edward H. Murphy, Sp. Atty. for Department of Justice of New York City, of counsel), for petitioner-plaintiff.

Skinner & Bermant, of New York City (Jacob W. Bermant, Bernard L. Bermant, and George Bergen, all of New York City, of counsel), for National City Bank of New York, claimant-mortgagee.

William C. Chanler, Corporation Counsel, of New York City (Julius Isaacs and Charles Bisberg, both of New York City, of counsel), for New York City.

ABRUZZO, District Judge.

The National City Bank of New York has instituted this motion for an order permitting it to deposit with the Clerk of this Court the sum of $508.41 to the credit of the City of New York, as claimant, pursuant to the provisions of section 1438 of the Civil Practice Act of the State of New York, or in the alternative, that a sum equal to said amount of $508.41 be deducted from an advance payment applied for by said bank as mortgagee of a leasehold...

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