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TODD CO. v. BIRNBAUM

182 A.D.2d 505 (1992)

Todd Company, Appellant and Counterclaim Defendant-Appellant, v. Jay Birnbaum, Respondent, Victoria Birnbaum, as Executrix of Saul Birnbaum, Deceased, Defendant and Crossclaim Defendant, et al., Defendants. Michael Fromer, Counterclaim Defendant-Appellant, et al., Counterclaim Defendant

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

April 16, 1992

Plaintiff Todd Company commenced an interpleader action in 1982 to determine the ownership of certain funds deposited in plaintiff's bank account. Various defendants, including Jay Birnbaum (Jay), asserted counterclaims and crossclaims alleging conflicting ownership interests in the funds. On April 21, 1988, Jay filed a note of issue. On June 20, 1988, the action was stricken from the trial calendar on plaintiff's motion. Nothing was done to restore the case to the calendar...

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