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MANUFACTURER'S v. RELIANCE

8 N.Y.3d 583 (2007)

870 N.E.2d 124

838 N.Y.S.2d 806

MANUFACTURER'S & TRADERS TRUST COMPANY, Named in the Relevant Escrow Agreements as MANUFACTURER'S & TRADERS BANK, Plaintiff, v. RELIANCE INSURANCE COMPANY et al., Defendants, O'BRIEN & GERE TECHNICAL SERVICES, INC., et al., Appellants, and FRU-CON/FLUOR DANIEL JOINT VENTURE, Respondent.

Court of Appeals of the State of New York.

Decided May 3, 2007.

Attorney(s) appearing for the Case

Harter Secrest & Emery LLP, Rochester (Richard E. Alexander and A. Paul Britton of counsel), for Cives Corporation and another, appellants.

Frank A. Bersani, Jr., Syracuse, for O'Brien & Gere Technical Services, Inc., appellant.

Gresens & Gillen LLP, Buffalo (Patricia Gillen and James W. Gresens of counsel), for respondent. As to: Cives Corporation and Cives Steel Company, Mid-South Division.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ and JONES concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that CPLR 5001 (a) does not authorize an award of interest against unsuccessful claimants in an interpleader action.

Facts and Procedural History

This case arises out of a contract to build a paper plant. The general contractor, Fru-Con/Fluor Daniel Joint Venture (the Joint Venture), awarded a subcontract to O'Brien & Gere Technical Services, Inc...

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