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CITY OF NEW YORK v. HALL

No. 227.

139 F.2d 935 (1944)

CITY OF NEW YORK v. HALL.

Circuit Court of Appeals, Second Circuit.

January 19, 1944.

Attorney(s) appearing for the Case

Murray M. Weinstein, and Ignatius M. Wilkinson, Corp. Counsel, both of New York City (Arthur H. Goldberg, Sol Charles Levine, and Bernard H. Sherris, all of New York City, of counsel), for appellant.

David M. Schwartz, and Jules Shank, both of New York City (Samuel Newfield and David M. Schwartz, both of New York City, of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Enough has been done here to bring the City's claims within Section 67, sub. b, 11 U.S.C.A. § 107, sub. b. The sole issue is whether they came within Section 67, sub. c, so that they are subordinated to the administration expenses covered by clauses (1) and (2) of Section 64, sub. a, 11 U.S. C.A. § 104, sub. a. And that depends on whether the lien was "accompanied by possession" of the property, which, in turn, depends on the answer...

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