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BANKERS TRUST v. EQUITABLE LIFE ASSUR.

19 N.Y.2d 552 (1967)

Bankers Trust Company, Respondent, v. Equitable Life Assurance Society of the United States, Defendant. United States of America, Plaintiff-in-Intervention, Appellant, v. Bankers Trust Company, Defendant-in-Intervention, Respondent, et al., Defendants-in-Intervention.

Court of Appeals of the State of New York.

Decided May 23, 1967.

Attorney(s) appearing for the Case

Robert M. Morgenthau, United States Attorney for the Southern District of New York (Laurence Vogel, Grant B. Hering and Joseph Kovner of counsel), for appellant.

Arnold A. Jaffe and Joseph L. Fishman for respondent.

Thomas J. Craig, Jr., Stuart McCarthy and Charles W. Muller for Equitable Life Assurance Society of the United States, amicus curiæ.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING concur; Judge BREITEL taking no part.

BURKE, J.

The question presented on this appeal is one of priority between a United States Government tax lien and the lien of a pledgee of various life insurance policies. At issue is the question of whether the Government's filing its notice of lien in the county of residence of the taxpayer sufficed under section 240 of New York's Lien Law to obtain for it priority over the pledgee's liens against the policies...

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