Aetna Casualty & Surety Co. v. Port of New York Authority

McGOHEY, District Judge.

This case involves the question whether Aetna’s lien as completing surety of a defaulting contractor has priority over tax liens of the United States against a fund of $67,000 held by the Port of New York Authority. The latter asserts no claim to the money which consists in part of retained percentages of payments certified as earned by the contractor for work done; and in part of the unpaid portion of a bonus concededly due but not paid to the contractor, for early substantial completion of the work called for by the contract.

The action was commenced in the New York…