Opinion
February 6, 1951.
Present — Peck, P.J., Cohn, Callahan, Van Voorhis and Shientag, JJ.; Callahan, J., dissents and votes to reverse and deny the motion for summary judgment in the following memorandum:
I dissent on the ground that this action remains one in interpleader or a dispute over a fund and is not a proper case for summary judgment under rule 113 of the Rules of Civil Practice.
Order affirmed, with $20 costs and disbursements. No opinion.