Lahey v. Trachman

CLARK, Circuit Judge.

This, in form, is a three-sided dispute among a trustee in bankruptcy, a vendor of real estate, and the City of New York. At issue is the right to a refund of part of a sewer assessment against real estate sold by appellant, Lahey, to the bankrupt, Jay-bar Realty Corp. The trustee sought to obtain the refund by summary proceedings against the city, and Lahey, who was given notice, appeared specially to contest summary jurisdiction of the bankruptcy court. Before the referee he lost on this issue, as well as on the merits. His petition for review was also unsuccessful, and…