Legal Opinion
Interworks Sytems, Inc. v. Merchant Financial Corp.
District Court, E.D. New York
Decided January 25, 2008No. 06 CV 1981(NG)(RML)PublishedCited by 1 opinion
1Opinion of the Court
OPINION & ORDER
GERSHON, District Judge.
On December 14, 2005, the United States filed a complaint in intervention in the present action seeking relief against Merchant Financial Corporation (“Merchant”) under N.Y. Lien Law § 77 (“Article 3-A”). The United States named Colonial Surety Company (“Colonial”) as a defendant in the complaint in intervention solely for the purpose of establishing the United States’ priority of recovery in the event that there were a finding of liability against Merchant. Pursuant to Rule 12 of the Federal Rules of Civil Procedure, Colonial and Merchant now move to…
2Cases cited3 opinions
- United States v. SummerlinSupreme Court of the United States · 1940
- Leiter Minerals, Inc. v. United StatesSupreme Court of the United States · 1957
- United States v. Certified Industries, Inc.Court of Appeals for the Second Circuit · 1966
3Cited by1 opinion
- Interworks Systems Inc. v. Merchant Financial Corp.Court of Appeals for the Second Circuit · 2010