Everdell v. Brooklyn Savings Bank

Appellate Division of the Supreme Court of New York

Everdell v. Brooklyn Savings Bank

262 A.D. 758, 28 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5775

Appellate Division of the Supreme Court of the State of New York·Decided May 19, 1941·Published

Opinion

Order denying the appellant’s application for an order of interpleader reversed on the facts, without costs, and the motion granted, without costs; the funds to remain on deposit in the appellant bank to the credit of the action until final judgment. Under all the facts and circumstances the application should have been granted. Hagarty, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm the order.

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Order denying the appellant’s application for an order of interpleader reversed on the facts, without costs, and the motion granted, without costs; the funds to remain on deposit in the appellant bank to the credit of the action until final judgment. Under all the facts and circumstances the application should have been granted. Hagarty, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm the order.

Everdell v. Brooklyn Savings Bank, 262 A.D. 758, 28 N.Y.S.2d 716, 1941 N.Y. App. Div. LEXIS 5775 (N.Y. Ct. App. 1941).

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262 A.D. 758 (Everdell v. Brooklyn Savings Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.