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BANK OF AMERICA, N.A. v. ZIROGIANNIS

6941, 602717/09.

93 A.D.3d 434 (2012)

939 N.Y.S.2d 427

2012 NY Slip Op 1626

BANK OF AMERICA, N.A., Respondent, v. MARC A. ZIROGIANNIS et al., Defendants, STERLING NATIONAL MORTGAGE COMPANY, INC., et al., Respondents, and SUNTRUST MORTGAGE, INC., Appellant.

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

Decided March 6, 2012.

The court improperly found that the appropriate remedy in this interpleader action was to order a pro rata distribution to all of the claimants of the funds held in the IOLA account. SunTrust is entitled to the funds since it was able to identify and trace its specific funds to the money in the account at the time that Bank of America commenced the interpleader action (Matter of Reece, 122 Misc.2d 517<...

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