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NELSON v. CROSS & BROWN CO.

9 A.D.2d 140 (1959)

William E. Nelson, Appellant, v. Cross & Brown Company, Respondent and Interpleading Plaintiff. Donald Q. Devine, Interpleaded Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 4, 1959.

Attorney(s) appearing for the Case

Lester Grossman of counsel (Sol Freedman with him on the brief; Lester Grossman, attorney), for appellant.

William J. Graham of counsel (Harold J. Treanor with him on the brief; Cox, Treanor & Shaughnessy, attorneys), for respondent and interpleading plaintiff.

Irving L. Kalish for interpleaded defendant-respondent.

RABIN, J. P., VALENTE, McNALLY and STEVENS, JJ., concur.

M. M. FRANK, J.

This case presents a problem in interpleader pursuant to the Civil Practice Act (§ 285), and appears to be one of first impression in this court. The plaintiff appeals from two orders: one discharges the defendant and interpleading plaintiff, Cross & Brown Company, from liability under the first cause of action, and awards counsel fees and disbursements to

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