Karten v. PNC Bank, National Association

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK HARRY KARTEN, Case No.: 1:22-CV-03200-LGS Plaintiff, v. PNC BANK, NATIONAL ASSOCIATION and ISAAC UDOTONG, ORDER AUTHORIZING INTERPLEADER DISBURSEMENT OF FUNDS IN THE Defendants. COURT REGISTRY TO HARRY KARTEN PNC BANK, NATIONAL ASSOCIATION, Counterclaim Plaintiff, v. HARRY KARTEN, Counterclaim Defendant. PNC BANK, NATIONAL ASSOCIATION, Interpleader Plaintiff, v. LORNA G. SCHOFIELD, District Judge: HARRY KARTEN, WHEREAS, Interpleader Defendant Estrella Ramson Enterprises has been served with process, failed to Interpleader Defendant appear to answer and by its default has forfeited (via Counterclaim), any claim to the funds at issue, see N.Y. Life Ins. Co. v. Conn. Dev. Auth., 700 F.2d 91, 94-95 (2d Cir. ISAAC UDOTONG, 1983); accord Bank of Am., N.A. v. Morgan Stanley Interpleader Defendant & Co. Inc., No. 10 Civ. 6322, 2011 WL 2581765, at (via Cross-Claim), and *4 (S.D.N.Y. June 24, 2011); ESTRELLA RAMSON ENTERPRISES, LLC, WHEREAS, Interpleader Defendant Isaac Udotong has expressly waived any claim to the funds at Interpleader Defendant issue in his settlement agreement with (via Third-Party Claim). Interpleader Defendant Harry Karten, leaving Karten as the only potential claimant; Upon the Motion of Harry Karten (“Karten”) for an Order pursuant to 28 U.S.C. § 1335 directing the Clerk of the Court to disburse the interpleader funds previously deposited in the Court Registry in the amount of $255,318.25, plus any accrued interest, and this Court having found Karten to be entitled to the relief set forth in this Order pursuant to 28 U.S.C. § 1335; and due, sufficient, and proper notice of the Motion having been provided; and the Court having found and determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein, it is hereby ORDERED that:for substantially the reasons in Karten's motion papers, 1. The Motion is GRANTED; respectfully directed 2. The Clerk of this Court is hereby-erderedto disburse the interpleader funds in the amount of $255,318.25, plus any accrued interest, to Harry Karten via check, made payable to “Harry Karten” and to mail the check to the following address: Harry Karten 250 Moonachie Rd Ste 303 Moonachie, NJ 07074 The Clerk of Court is respectfully directed to close the motion at Dkt. No. 72, enter judgment in accordance with this Order and close the case.

Dated: March 17 , 2023 New York, New York

LORNA G. Sciornb UNITED STATES DISTRICT JUDGE