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NEW ENGLAND MUT. v. KELLY

113 A.D.2d 285 (1985)

New England Mutual Life Insurance Company et al., Respondents, v. I. Austin Kelly et al., Respondents, and David H. Rudner, Appellant

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

December 10, 1985

Attorney(s) appearing for the Case

Robert J. Randell for appellant, and Saddler Textiles and another, nonparty witnesses.

Howard Justvig of counsel (Anthony C. Acampora with him on the brief; Becker Ross Stone DeStefano & Klein, attorneys), for I. Austin Kelly and another, respondents.

MURPHY, P. J., SULLIVAN, BLOOM and ELLERIN, JJ., concur.

KASSAL, J.

This interpleader action was brought by an insurer and its agents for a judgment declaring defendants' entitlement to present and future insurance commissions. These had been withheld pending resolution of the dispute between defendants Kelly and Rudner.

The controversy arose out of the relationship between Kelly and Rudner as joint agents who acted as pension consultants under a contract...

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