HARMAN v. FAIRVIEW ASSOC.


25 N.Y.2d 101 (1969)

Harry R. Harman, Plaintiff, v. Fairview Associates et al., Defendants. (Action No. 1.) A. Friederich & Sons Company, as Trustee of Certain Assets Received for and in Connection with the Improvement of Premises Known as Fairview Heights Housing, Plaintiff, v. Harry R. Harman, Respondent; United States of America, Appellant, et al., Defendants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided July 2, 1969.


Attorney(s) appearing for the Case

Joseph Kover, Johnnie M. Walters, Lee A. Jackson, Crombie J. D. Garrett, Howard M. Koff, Justin J. Mahoney and Stephen S. Joy for appellant.

Walter J. Licata for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and JASEN concur.


BERGAN, J.

This appeal by the United States brings up a somewhat different aspect of the right of a government to make claim for unpaid taxes as a statutory beneficiary of trust funds under article 3-A of the Lien Law from that considered in Onondaga Commercial Dry Wall Corp. v. 150 Clinton St. (25 N.Y.2d 106), decided herewith.

In that case the issue turned...

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