BERNSTEIN v. INDEPENDENCE


124 Misc.2d 270 (1984)

Sylvia C. Bernstein, Plaintiff, v. Independence Properties Corp., Defendant and Interpleader-Plaintiff. Bernice Chaiken et al., Interpleaders-Defendants.

Civil Court of the City of New York, Special Term, New York County.

May 22, 1984


Attorney(s) appearing for the Case

Standard, Weisberg, Heckerling & Roscow, P. C. (Nancy Wang of counsel), for plaintiff. Sankel & Trief (Joel S. Sankel of counsel), for defendant and interpleader-plaintiff. Harold Bernstein for Mildred Bernstein, interpleader-defendant.


DAVID B. SAXE, J.

Plaintiff, a nonstakeholder, moves for an order, pursuant to CPLR 1006 (subd [f]) directing the defendant-interpleader-plaintiff to deposit into court the stake consisting of mortgage payments allegedly due and owing to her, against which claims have also been made by other individuals. After commencement of the action defendant interposed an answer containing an affirmative defense of payment and served a defensive interpleader complaint...

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