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AGRICULTURAL INS. v. MATTHEWS

301 A.D.2d 257 (2002)

749 N.Y.S.2d 533

AGRICULTURAL INSURANCE COMPANY, Plaintiff, v. CHRISTOPHER MATTHEWS, Respondent, and BURGA NESTORA, Appellant. (And a Third-Party Action.)

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

November 26, 2002.

Attorney(s) appearing for the Case

Stephen J. Belessis of counsel, New York City (Calano & Calano, LLP, attorneys), for respondent.

Ronald L. Konove of counsel, White Plains (Konove & Konove, P.C., attorneys), for appellant.

MAZZARELLI, J.P., SAXE, SULLIVAN and LERNER, JJ., concur.

OPINION OF THE COURT

WALLACH, J.

Because the motion court has overlooked the utility and flexibility of the interpleader remedy (CPLR 1006) in providing a just solution to this case, we reverse the order appealed from and alter the disposition accordingly.

This is a controversy between a lessor (Nestora) and lessee (Matthews) over the insurance proceeds arising from the death of a gelding named Donner which was the insured subject of the lease. The...

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