U.S. v. PREMISES & REAL PROPERTY WITH BLDGS.

No. 90-CV-898C.

949 F.Supp. 166 (1996)

UNITED STATES of America, Plaintiff, v. The PREMISES AND REAL PROPERTY WITH BUILDINGS, APPURTENANCES AND IMPROVEMENTS AT 500 DELAWARE STREET, TONAWANDA, NEW YORK, that is, all that Tract or Parcel of Land, Situate in the City of Tonawanda, County of Erie and State of New York, and More Particularly Described in a Certain Deed Recorded in the Erie County Clerk's Office in Liber 9791 of Deeds at Page 211, Defendant.

United States District Court, W.D. New York.

December 12, 1996.


Attorney(s) appearing for the Case

Patrick H. NeMoyer, United States Attorney (Anne Vangraafeiland, Assistant United States Attorney, of Counsel), Rochester, NY, for Plaintiff.

Brown & Kelly (Philip B. Abramowitz, of Counsel), Buffalo, NY, for Defendant.


DECISION AND ORDER

CURTIN, District Judge.

BACKGROUND

This is a civil in rem forfeiture action brought by the United States against the premises and real property located at 500 Delaware Street, Tonawanda, New York, pursuant to 21 U.S.C. § 881. The owner of the property and claimant herein, Martin Isenberg, is contesting the forfeiture. The government has moved for summary judgment on the grounds that it has established probable cause...

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