MATTER OF ROSENBERG


62 Misc.2d 12 (1970)

In the Matter of The Estate of Samuel Rosenberg, Deceased. In the Matter of The Estate of Merwin Rosenberg, Deceased.

Surrogate's Court, Kings County.

February 20, 1970


Attorney(s) appearing for the Case

Kelley, Drye, Newhall, Maginess & Warren and Nathan B. Bernstein for cotrustees, petitioners. Edward Pious for John W. Rainwater and another, claimants. Ferdinand J. Wolf for West Credit Corp., respondent. Benjamin Greenspan for Price & Karen, respondent. Vincent T. McCarthy and Joseph Rosenzweig for United States of America. Silverman & Lifschutz for Marshall H. Sevin, respondent. Alex E. Nashman for Frank F. Millman, respondent. Arthur Litz for Lynn S. Hull, respondent. Margolin & Schekter (Dreyer & Traub of counsel), for First National Bank in Yonkers, respondent. Strasser, Spiegelberg, Fried & Frank for Alfred S. Karlsen, respondent. Robert W. Mullen for Nathaniel S. Ruvell, respondent. Matthew J. Donaldson, guardian ad litem for Dorothy R. Frawley, an infant, and for Eugene Trope, Conservator for Dorothy R. Frawley. Louis Cherry in person. Leah Schmer in person. Issac Stillwater in person. Joel Reims in person. Solomon Seigel in person.


NATHAN R. SOBEL, S.

At issue in this accounting proceeding (which has been tried and decision rendered on related issues) is the priority to be afforded to Federal tax liens against competing State-created liens. The Government has raised the issue of the "choateness" of the competing liens, an issue which has been before the United States Supreme Court some 30 times in the past 20 years.

Because of...

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