Garber v. Mandelbaum
This text of 17 A.D.2d 612 (Garber v. Mandelbaum) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order, entered on April 24, 1961, granting plaintiff’s motion to strike the defensive interpleader in defendant’s answer, unanimously affirmed, without costs. The defendants have not demonstrated that all the requirements for interpleader are present (see Pouch v. Prudential Ins. Co., 204 N. Y. 281; Nelson v. Cross & Brown Co., 9 A D 2d 140; Cross & Brown Co. v. Ludin Realty Co., 90 Misc. 606). This determination is without prejudice to any application the defendants may make, if so advised, for a consolidation or a joint trial of this action with that brought by the other broker-claimant. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.
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Cite This Page — Counsel Stack
17 A.D.2d 612, 1962 N.Y. App. Div. LEXIS 8617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garber-v-mandelbaum-nyappdiv-1962.