Lapis Enterprises Inc. v. International Blimpie Corp.

In an action, inter alia, to recover damages for fraud and misrepresentation and to cancel a mortgage on real property, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered February 8, 1980, which (1) granted defendant New Jersey Bank, N. A.’s motion to dismiss the complaint as to it, on the basis of lack of jurisdiction, and (2) denied their cross motion for summary judgment as to the remaining defendants. Order modified by deleting therefrom the provision granting defendant New Jersey Bank, N. A.’s motion to dismiss the complaint as to it and substituting therefor a provision denying defendant New Jersey Bank, N. A.’s motion to dismiss the complaint on the basis of lack of jurisdiction. As so modified, order affirmed, without costs or disbursements. In this action, plaintiffs Daniel and Carol Lapidus seek, inter alia, to cancel a mortgage on their residence in Nassau County. Defendant New Jersey Bank, N. A., which holds the mortgage as assignee, is a national banking association whose principal place of business is Clifton, New Jersey. As provided in section 94 of title 12 of the United States Code, a suit against a national banking association in a State court may be had