Spiro v. Einziger

Appellate Terms of the Supreme Court of New York

Spiro v. Einziger

182 Misc. 120, 50 N.Y.S.2d 85, 1944 N.Y. Misc. LEXIS 2276

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1944

StatusPublished

Cited by1 cases

This text of 182 Misc. 120 (Spiro v. Einziger) 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

Spiro v. Einziger, 182 Misc. 120, 50 N.Y.S.2d 85, 1944 N.Y. Misc. LEXIS 2276 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum Per Curiam.

Upon the entry of the order of interpleader the action became one in equity (Clark v. Mosher, 107 N. Y. 118, 122; Levy v. Niklad, 259 App. Div. 54) and the court below was therewith divested of all jurisdiction to deter.mine which of the claimants was entitled to be paid the fund in controversy.

The judgment should be reversed on the law, without costs, and complaint dismissed, without prejudice to the rights of any of the parties. •

MacCrate, Smith and Steinbbink, JJ., concur.

Judgment reversed, etc.

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