MARINE MIDLAND v. A & M


118 Misc.2d 555 (1983)

Marine Midland Bank, N. A., Plaintiff, v. A & M Warehouse, Inc., et al., Defendants.

Supreme Court, Chautauqua County.

March 30, 1983


Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (Timothy P. Johnson of counsel), for Manufacturers & Traders Trust Company. Blair, Martin & Messina (Paul W. Mathias of counsel), for Gator Trailers, Inc., judgment creditor. Robert Abrams, Attorney-General, for State Tax Commission.


THOMAS P. FLAHERTY, J.

This is a motion by Manufacturers and Traders Trust Company (M & T) for an order confirming a referee's report of sale in connection with this foreclosure action, determining the priority of all claimants to the surplus money generated, and directing that the surplus money be paid to the claimants in the order of their priorities.

The underlying action was brought to foreclose a mortgage held by plaintiff Marine Midland...

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