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ÆTNA CAS. & SUR. CO. v. UNITED STATES

4 N.Y.2d 639 (1958)

Ætna Casualty & Surety Company, Respondent, v. United States of America, Appellant, et al., Defendants. (Action No. 1.) (Charles W. Berry Houses.) Ætna Casualty & Surety Company, Appellant, v. United States of America, Respondent, et al., Defendants. (Action No. 2.) (Lester W. Patterson Houses.)

Court of Appeals of the State of New York.

Decided June 25, 1958.

Attorney(s) appearing for the Case

Paul W. Williams, United States Attorney for the Southern District of New York (John S. Clark and Elliot L. Hoffman of counsel), for appellant in the first above-entitled action and respondent in the second above-entitled action.

Albert Foreman, M. Carl Levine and David Morgulas for respondent in the first above-entitled action and appellant in the second above-entitled action.

Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

Chief Judge CONWAY.

In these two actions both the plaintiff Ætna Casualty & Surety Company and the defendant United States assert liens against two funds which the New York City Housing Authority holds as the balance due under two contracts for the landscaping of two public housing projects. This case was tried on stipulated facts. Horticultural Service, Inc., entered into two contracts with the Authority...

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