Friedman v. North Side Savings Bank

Full title: MARIE FRIEDMAN, Respondent, v. NORTH SIDE SAVINGS BANK, Appellant

Court: Supreme Court, Appellate Term, First Department

Date published: Dec 20, 1938

170 Misc. 7 (N.Y. App. Term 1938)

9 N.Y.S.2d 470

Opinion

December 20, 1938.

Appeal from the Municipal Court of the City of New York, Borough of Bronx, Second District.

Adolph E. Gutgsell, for the appellant.

Martin J. Lyons, Jr., for Eugene J. McGuire, sheriff of Bronx county, person sought to be interpleaded.

Tibbetts, Lewis, Lazo Welch, for Charles H. Marshall and others, doing business, etc., persons sought to be interpleaded.

PER CURIAM.

Interpleader, under the Banking Law, is not limited to any particular court, but may be obtained in the court where the action is pending. (Banking Law, § 239, subd. 6, ¶ [a]; Gottschall v. German Savings Bank, 45 Misc. 27.)

Order reversed, with ten dollars costs, and motion granted.

LYDON and SHIENTAG, JJ., concur.

HAMMER, J. (dissenting).

I dissent. Agreeing with the rule of law stated, I am for affirmance, as the court below seemed to exercise a wise discretion in refusing interpleader as the issues should be tried and determined in the conversion action pending in the Supreme Court, in which the funds have been attached by the sheriff.