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DAVIES v. ABBOTT

38 N.Y.2d 216 (1975)

Davies, Hardy, Ives & Lawther, Plaintiff, v. George Abbott et al., Appellants, and Phebe W. Erdman, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided December 22, 1975.

Attorney(s) appearing for the Case

Robert S. Smith and Jay H. Topkis for appellants.

Martin F. Brecker for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

In this interpleader action appellant sellers have appealed only from that portion of the order of the Appellate Division which denied their motion for summary judgment against Phebe W. Erdman and dismissed their cross claim against her to recover the purchase price of stock her husband had agreed to buy. To this extent the order of the Appellate Division should be reversed.

Defendant Ellis E. Erdman agreed...

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