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ARC MUN. SEC. CORP. v. KLEINBERG, KAPLAN, WOLFF & COHEN

171 A.D.2d 441 (1991)

ARC Municipal Securities Corp. et al., Respondents, v. Kleinberg, Kaplan, Wolff & Cohen, P. C., Defendant Kleinberg, Kaplan, Wolff & Cohen, P. C., Interpleader Plaintiff, v. ARC Municipal Securities Corp. et al., Interpleader Defendants H. D. Acquisition Corp., Doing Business as Harry Downs & Co., Inc., Cross-Claim Plaintiff-Appellant, v. ARC Municipal Securities Corp. et al., Cross-Claim Defendants-Respondents

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

March 7, 1991

The record demonstrates conclusively that the interpleader defendant and cross-claim plaintiff H. D. Acquisition Corp. did not submit a timely written notice in compliance with the agreement of purchase and sale to plaintiff ARC Municipal Securities Corp. that would have prevented the defendant escrowee from turning the disputed funds over to the plaintiffs, the sellers under the agreement. The plaintiffs' motion was appropriately...

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