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  5. 37 N.Y.2d 903 (1975)
 

DOWNE COMMUNICATIONS, INC. v. AETNA CAS. & SUR. CO.

37 N.Y.2d 903 (1975)

Downe Communications, Inc., Respondent, v. Aetna Casualty and Surety Company, Defendant and Interpleading Plaintiff-Appellant. Al Dayon, Individually and on Behalf of Master-Craft Electronics Corp., Interpleaded Defendant-Appellant; H. William Kehl, as Sheriff of the City of New York, Interpleaded Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 30, 1975.

Attorney(s) appearing for the Case

William P. Sullivan, Jr., and Alfred J. Morgan, Jr., for defendant and interpleading plaintiff-appellant.

Charles Sutton for interpleaded defendant-appellant.

Paul Weinstein and Frederick Weinberger for interpleaded defendant-respondent.

Harold J. Smith and George R. Hinckley for plaintiff-respondent.

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

MEMORANDUM.

The order of the Appellate Division should be modified to the extent of granting defendant (and interpleading plaintiff) Aetna's cross motion for summary judgment, directing that it be permitted to deposit the amount of its bond into court and, as so modified, affirmed, with costs to prevailing parties; and the question certified should be answered in the negative.

Since Aetna "may be exposed to multiple...

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