GENERAL FIRE-PROOF DOOR CORP. v. CITIBANK, N. A.

No. 80 Civ. 4357 (MEL).

544 F.Supp. 191 (1982)

GENERAL FIRE-PROOF DOOR CORP., Plaintiff, v. CITIBANK, N. A. and Calmar Construction Incorporated, Defendants. CITIBANK, N. A., Defendant and Interpleading Plaintiff, v. The UNITED STATES of America, et al., Interpleaded Defendants.

United States District Court, S. D. New York.

August 10, 1982.


Attorney(s) appearing for the Case

Seymour Baldash, New York City, for plaintiff.

Shearman & Sterling, New York City, for defendant and interpleader plaintiff, Citibank, N.A.; Thomas M. Geisler, Jr., Leslie J. Davis, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., New York City, District of New York for the U. S.; Susan Millington Campbell, Asst. U. S. Atty., New York City, of counsel.

Robert Abrams, Atty. Gen. of the State of N. Y., New York City, for interpleader defendant, New York State Tax Com'n; Myron Paul Schamis, Asst. Atty. Gen., New York City, of counsel.


LASKER, District Judge.

General Fire-Proof Door Corp. (G.F.) moves for summary judgment against Citibank, N.A. (Citibank) for $10,282.68 for work performed as a subcontractor under Calmar Construction Inc. (Calmar) while working on Citicorp Center.

Calmar discontinued active business operations in April 1979. At the time Citibank owed Calmar $63,953.27 for work done. Citibank still holds this amount. G.F. filed a mechanic's lien against the property and instituted...

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