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UNITED STATES v. STERLING NATIONAL BANK & T. CO. OF N. Y.

72 Civ. 1533.

360 F.Supp. 917 (1973)

UNITED STATES of America, Plaintiff, v. STERLING NATIONAL BANK & TRUST COMPANY OF NEW YORK, Defendant and Third-Party Plaintiff, v. Charles S. SMITH, Third-Party Defendant.

United States District Court, S. D. New York.

June 5, 1973.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., New York City, for plaintiff; David P. Land, Milton Sherman, Asst. U. S. Attys., of counsel.

Harry Gurahian, New York City, for Sterling National Bank & Trust Co. of New York.

PALMIERI, District Judge.

This is a motion by the Government for summary judgment. Fed.R.Civ.P. 56. The material facts in the case are not in dispute.

The case involves a dispute relating to the obligations of the defendant Bank as the result of a tax levy affecting one of its depositors.

The United States brought this action against Sterling National Bank & Trust Company of New York (Bank) after the defendant failed to honor a tax levy

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