The opinion of the court was delivered by: LEVET
This motion by plaintiff, United States of America, is for a preliminary injunction barring defendants Vincent J. Smith, Inc. and Kerhonkson National Bank from proceeding in any other action to obtain or determine the title to any of the assets which are the subject matter of this action.
The action in this court is to impress a trust under Article 3-A of the Lien Law of the State of New York, McKinney's Consol. Laws, c. 33 and to foreclose certain federal tax liens.
The following facts appear to be undisputed:
(1) On or about May 8, 1964, defendant Vincent J. Smith, Inc. (herein "Smith"), by a written agreement, became the general contractor for the erection of a Veterans Hospital at Ellenville, New York;
(2) Thereafter and on or about June 3 and July 27, 1964, Smith entered into written contracts with defendant Cameron Construction Co., Inc. (herein "Cameron") to supply labor and materials as subcontractor;
(3) On September 29, 1964, Cameron assigned the proceeds of its June 3, 1964 contract with Smith to the defendant Kerhonkson National Bank (herein "the bank") as collateral security for advances upon promissory notes;
(4) On or about February 16, 1965, the Bank filed a judgment against Cameron in the sum of approximately $25,235.89 in the office of the Clerk of Ulster County;
(5) On the subcontract above mentioned there is presently due and owing to Cameron from Smith the sum of $12,663.04 plus the sum of $9,726.16 withheld under a 15% clause payable 30 days after final acceptance;
(6) On October 27, 1964, the District Director of Internal Revenue caused a Notice of Federal Tax Lien to be filed with the County Clerk of Orange County and with the Town Clerk of the Town of Montgomery, covering an assessment of $9,951.88 made against Cameron for unpaid withholding taxes for the third quarter of 1964 for which demand on the taxpayer had been made;
(7) A Notice of Lien in the amount of $9,762.26 was served on Smith on November 20, 1964 demanding that Smith turn over to the United States of America the property of Cameron held by Smith;
(8) Subsequently, similar proceedings were taken by the government with respect to Cameron and Smith in regard to other withholding and unemployment taxes of Cameron;
(9) The Bank has instituted supplementary proceedings in the Supreme Court, Ulster County, against Smith to compel Smith to pay to the Bank any and all monies Smith is holding for Cameron;
(10) None of the parties to this action other than the Bank and Smith are parties to the supplementary ...