We agree that the action was properly brought in interpleader, plaintiff having been presented with adverse claims to the same fund, which claims were not "patently without substance" (Boden v Arnstein, 293 N.Y. 99, 103; 2 Weinstein-Korn-Miller, par 1006.03). The contention that the appellant's motion for summary judgment may not be granted at this stage of the proceeding on the ground that issue has not been joined (CPLR 3212, subd [a]), is without merit. It appears...
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