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DiFLORIO v. UNITED STATES

No. 82-CV-1347.

30 B.R. 815 (1983)

David G. DiFLORIO and Daniel G. Driscoll, Plaintiffs, v. UNITED STATES of America, Defendant.

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

June 2, 1983.

Attorney(s) appearing for the Case

Menter, Rudin & Trivelpiece, P.C., Syracuse, N.Y., for plaintiffs; David W. Pelland, Jeffrey Zalkin, Syracuse, N.Y., of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendant; Louis J. Lombardo, Trial Atty., Tax Div., Washington, D.C., John J. McCann, Asst. U.S. Atty., Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION & ORDER

McCURN, District Judge.

This matter is before the Court on the defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons set forth below, the defendant's motion is granted.

This action is a complaint for wrongful levy, filed pursuant to 26 U.S.C. § 7426(a)(1). On March 15, 1978 Murphy and Wilbur Realty, Inc., now known as Kupperman and Wood, Inc. [Kupperman], executed a promissory note...

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