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GEDDES v. ROSEN

22 A.D.2d 394 (1965)

Thomas P. Geddes, Appellant, v. Daniel Rosen, Respondent. Daniel Rosen, Defendant and Interpleading Plaintiff, Respondent, v. Alvin S. McEvoy et al., Interpleaded Defendants, Respondents

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

January 21, 1965.

Attorney(s) appearing for the Case

William Rand of counsel (Coudert Brothers, attorneys), for appellant.

Jacob Freed Adelman of counsel (Daniel Rosen and Jacob Freed Adelman, attorneys), for respondents.

BOTEIN, P. J., VALENTE and EAGER, JJ., concur with STEVENS, J.; BREITEL, J., dissents in opinion.

STEVENS, J.

Plaintiff appeals from an order entered October 9, 1964, which granted the consolidated motion of the defendant and interpleaded defendants to the extent of giving them leave to serve and file a jury demand and directing that upon so doing the case be transferred to the general jury calendar.

May 5, 1961, plaintiff-appellant (appellant) and the interpleaded defendants-respondents, Alvin S...

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