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INTERWORKS SYSTEMS v. MERCHANT FINANCIAL CORP.

No. 06 CV 1981(NG)(RML).

531 F.Supp.2d 478 (2008)

INTERWORKS SYSTEMS, INC., Debtor and Debtor-In-Possession, individually and as trustee for all Trust Beneficiaries under Article 3-A of the New York Lien Law, Plaintiff, v. MERCHANT FINANCIAL CORPORATION, Defendant. United States of America, Intervenor-Plaintiff, v. Merchant Financial Corporation and Colonial Surety Company, Intervenor-Defendants.

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

January 25, 2008.

Attorney(s) appearing for the Case

Joseph R. Harbeson, Ruskin Moscou Faltischek, P.C., Uniondale, NY, for Plaintiff

Tab K. Rosenfeld, Rosenfeld & Kaplan, LLP, Steven AL Kaplan, New York, NY, for Defendant.

Ross Erie Morrison, U.S. Attorney's Office, New York, NY, Thomas P. Cole, Tax Div., CTS, Washington, DC, for Intervenor-Plaintiff.

OPINION & ORDER

GERSHON, District Judge.

On December 14, 2005, the United States filed a complaint in intervention in the present action seeking relief against Merchant Financial Corporation ("Merchant") under N.Y. LIEN LAW § 77 ("Article 3-A"). The United States named Colonial Surety Company ("Colonial") as a defendant in the complaint in intervention solely for the purpose of establishing the United States' priority of recovery in the event...

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