SO B'LYN SAV. BK v. ALL ST INS


84 Misc.2d 287 (1975)

South Brooklyn Savings Bank, Plaintiff, v. All State Insurance Company et al., Defendants.

Supreme Court, Special Term, Kings County.

November 14, 1975


Attorney(s) appearing for the Case

Orr, Brennan & Zierler for plaintiff. David Trager, United States Attorney, for United States of America, defendant.


LOUIS 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 Dolores Malizia, his wife. It alleges that the note is now in default. The property was insured against fire loss...

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