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MAGGIOLO CORP. v. S. J. M. GEN. CONTRACTORS, INC.

19 A.D.2d 535 (1963)

Maggiolo Corporation, Respondent, v. S. J. M. General Contractors, Inc., et al., Defendants and Third-Party Plaintiffs. Sappah Shovel Service, Inc., Third-Party Defendant S. J. M. General Contractors, Inc., et al., Interpleading Plaintiffs-Appellants, v. Sappah Shovel Service, Inc., Interpleaded Defendant-Respondent

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

May 6, 1963

Order of December 10, 1962, affirmed, without costs. No opinion. Order of July 19, 1962, insofar as appealed from, reversed, without costs; and motion to dismiss the interpleader complaint denied.

In our opinion the interpleader complaint should not have been dismissed. Defendants have sufficiently demonstrated that they are exposed to double or multiple liability as a result of adverse claims. It is of no moment that these claims may not be mutually exclusive and...

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