UNITED STATES v. CITY OF NEW YORK


134 F.Supp. 374 (1955)

UNITED STATES of America, Plaintiff, v. CITY OF NEW YORK, a municipal corporation, Tillie Grossman, Sally Grossman, Nathan L. Goldstein and Harry Klein, Defendants.

United States District Court S. D. New York.

September 15, 1955.


Attorney(s) appearing for the Case

Paul Williams, U. S. Atty., New York City, for plaintiff, Morton S. Robson, Matthew A. Campbell, New York City, of counsel.

Liebowitz, Cobert & Deixel, New York City, for defendants Tillie Grossman and Sally Grossman, Eugene O. Cobert, New York City, and Sam Panish, Brooklyn, N. Y., of counsel.


WEINFELD, District Judge.

This is an action by the Government brought pursuant to 26 U.S.C. § 3678 and 28 U.S.C. § 1655 to enforce and secure priority of an income tax lien on the proceeds of a condemnation award on real property.

The individual defendants to whom the award is payable as the record owners of the condemned property move for judgment on the pleadings under Rule 12(b) and for summary judgment under Rule 56 of the Federal Rules of Civil...

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