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STANLEY DEP'T STORES, INC. v. SEWELL

29 Misc.2d 350 (1961)

Stanley Department Stores, Inc., Plaintiff, v. Joseph D. Sewell et al., as Executors and Trustees under the Will of Gerard S. Foster, Deceased, et al., Defendants.

Supreme Court, Oneida County.

September 21, 1961

Attorney(s) appearing for the Case

Eugene M. Hanson for Singer Sewing Machine Company, petitioner. Ferris, Hughes, Dorrance & Groben for plaintiff.

J. ROBERT LYNCH, J.

The plaintiff has obtained a judgment foreclosing its mortgage on premises at 137 Genesee Street, Utica. The Shoe Corporation of America was a named defendant in that action, being a lessee of a portion of the premises. The petitioner, Singer Sewing Machine Company, holds a sublease from Shoe Corporation of America, and is and has been in open notorious possession. Singer was neither named nor served as a defendant in the foreclosure...

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