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Order affirmed, with $20 costs and disbursements. No opinion. Present — Peek, 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.
Document Info
Filed Date: 2/6/1951
Precedential Status: Precedential
Modified Date: 10/28/2024