Applebaum v. Rosenblum

Appellate Terms of the Supreme Court of New York

Applebaum v. Rosenblum

150 N.Y.S. 472

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 14, 1914

StatusPublished

This text of 150 N.Y.S. 472 (Applebaum v. Rosenblum) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Applebaum v. Rosenblum, 150 N.Y.S. 472 (N.Y. Ct. App. 1914).

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Opinion

BIJUR, J.

Plaintiff sues on an award made pursuant to an arbitration agreement between plaintiff and defendant, which is annexed to A.

The claims of the third parties against this defendant are to a certain fund of $600 in his hands. Plaintiff makes no claim upon that fund, or on any other in the hands of the defendant. The case, therefore, is not one for interpleader, since the demand of the third parties [473]*473against the defendant is not, as prescribed in section 820 of the Code of Civil Procedure, “for the same debt or property.” See, also, Heyman v. Smadbeck, 6 Misc. Rep. 527, 27 N. Y. Supp. 141.

Order reversed, with costs and disbursements, and defendant’s motion denied, with $10 costs. All concur.

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BIJUR, J.

Plaintiff sues on an award made pursuant to an arbitration agreement between plaintiff and defendant, which is annexed to A.

The claims of the third parties against this defendant are to a certain fund of $600 in his hands. Plaintiff makes no claim upon that fund, or on any other in the hands of the defendant. The case, therefore, is not one for interpleader, since the demand of the third parties [473]*473against the defendant is not, as prescribed in section 820 of the Code of Civil Procedure, “for the same debt or property.” See, also, Heyman v. Smadbeck, 6 Misc. Rep. 527, 27 N. Y. Supp. 141.

Order reversed, with costs and disbursements, and defendant’s motion denied, with $10 costs. All concur.

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Bluebook (online)

150 N.Y.S. 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/applebaum-v-rosenblum-nyappterm-1914.

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