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MALKIN v. UNITED STATES DEPT. OF TREASURY-I.R.S.

No. 83 Civ. 8549 (PNL).

645 F.Supp. 229 (1986)

Roger D. MALKIN, Plaintiff, v. UNITED STATES DEPARTMENT OF the TREASURY-INTERNAL REVENUE SERVICE, Citibank, N.A., and Hugh W. Levey, Defendants.

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

October 14, 1986.

Attorney(s) appearing for the Case

Rudolph W. Guiliani, U.S. Atty. for the S.D.N.Y., New York City, Harriet L. Goldberg, Asst. U.S. Atty., of counsel, for defendant U.S. Dept. of the Treasury I.R.S.

Morrison Cohen & Singer, New York City, Donald H. Chase, of counsel, for defendant Hugh W. Levey.

LEVAL, District Judge.

This is an interpleader action involving various claims against assets of Roger D. Malkin, consisting primarily of the proceeds of the sale of his cooperative apartment. The Internal Revenue Service (I.R.S.) moves for partial summary judgment declaring that its tax lien for plaintiff's 1980 taxes is superior to all other claims, and awarding it $648,055.74 plus interest out of the fund. Defendant Hugh Levey opposes the motion, and moves to amend...

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