MARINE MDLD BK v. MARCAL ENT


91 Misc.2d 810 (1977)

Marine Midland Bank, Plaintiff, v. Marcal Enterprises, Inc., et al., Defendants.

County Court, Genesee County.

May 3, 1977


Attorney(s) appearing for the Case

Kenneth A. Cohen for United States of America, defendant. Stephen B. Hughes for plaintiff.


CHARLES 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...

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