Albertson v. Fidelity & Deposit Co.

Appellate Division of the Supreme Court of New York

Albertson v. Fidelity & Deposit Co.

253 A.D. 801, 2 N.Y.S.2d 625, 1938 N.Y. App. Div. LEXIS 8632

Appellate Division of the Supreme Court of the State of New York·Decided January 21, 1938·Published

Opinion

There is no provision in rules 113 and 114 of the Rules of Civil Practice which will permit the granting of summary judgment in this equity action to determine title of the adverse claimants to the fund in the hands of the defendant Fidelity and Deposit Company of Maryland. Judgment and order unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

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There is no provision in rules 113 and 114 of the Rules of Civil Practice which will permit the granting of summary judgment in this equity action to determine title of the adverse claimants to the fund in the hands of the defendant Fidelity and Deposit Company of Maryland. Judgment and order unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Albertson v. Fidelity & Deposit Co., 253 A.D. 801, 2 N.Y.S.2d 625, 1938 N.Y. App. Div. LEXIS 8632 (N.Y. Ct. App. 1938).

Pincite

253 A.D. 801 (Albertson v. Fidelity & Deposit Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.