STONE COLUMN TRADING HOUSE LTD. v. BEOGRADSKA BANKA A.D.

650228/13, 1232, 1231.

139 A.D.3d 577 (2016)

30 N.Y.S.3d 817

2016 NY Slip Op 03996

STONE COLUMN TRADING HOUSE LIMITED, Appellant, v. BEOGRADSKA BANKA A.D., Respondent.

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

Decided May 24, 2016.


The motion court correctly determined that Stone Column's motion for summary judgment was premature because it served the motion prior to joinder of issue (CPLR 3212 [a]; City of Rochester v Chiarella, 65 N.Y.2d 92, 101 [1985]). Pursuant to a stipulation, the parties agreed to proceed against each other in a consolidated interpleader action involving the parties' competing claims to an amount on deposit at a bank in liquidation proceedings...

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