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IN RE BRANDT-AIRFLEX CORP.

No. 87-CV-1303.

78 B.R. 10 (1987)

In re BRANDT-AIRFLEX CORPORATION, Debtor. BRANDT-AIRFLEX CORPORATION, Plaintiff-Appellee, v. LONG ISLAND TRUST COMPANY, N.A., and New York State Tax Commission, Defendants-Appellants, and United States of America, Defendant.

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

September 18, 1987.

Attorney(s) appearing for the Case

Saltzman & Holloran, New York City, for Brandt-Airflex Corp. by Michael I. Saltzman, Robert C. Holmes.

Cullen & Dykman, Garden City, N.Y., for Long Island Trust Co. by C. Gayden Wren.

Robert Abrams, Atty. Gen., State of N.Y., for New York State Tax Com'n by Robert K. Drinan, Asst. Atty. Gen., Nassau County Regional Office, Mineola, N.Y.

Andrew J. Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y. by Robert L. Begleiter, Asst. U.S. Atty., and Bridget M. Rowan, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for I.R.S.

MEMORANDUM AND ORDER

PLATT, District Judge.

This is an appeal from the Bankruptcy Court's order granting summary judgment for Brandt-Airflex Corp. ("Brandt"), the debtor. The procedural history of this appeal is complex and set forth in detail in In re Brandt-Airflex Corp., 73 B.R. 59 (E.D.N.Y.1987).

Brandt manufactures metal products and employs approximately sixty people. In 1983, in an effort to solve its...

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