Opinion
July 24, 1989
Appeal from the Supreme Court, Westchester County (Marbach, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court acted properly in denying the request by the Estate of John Flournoy (hereinafter the estate) for discharge pursuant to CPLR 1006 (f), inasmuch as the estate never commenced an action for interpleader (see, CPLR 1006 [a], [b]; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C1006:1, at 5; Siegel, N Y Prac § 148). The estate's request to cancel the plaintiff's notice of pendency filed on the subject property was also properly denied, as the estate is not a party to the action and has no right to move for relief therein. In any event, the plaintiff is entitled to have the notice of pendency remain on file until such time as the defendant's interest in the premises is conveyed to him. Mangano, J.P., Eiber, Sullivan and Balletta, JJ., concur.