¶1Order, entered on April 24, 1961, granting plaintiff’s motion to strike the defensive interpleader in defendant’s answer, unanimously affirmed, without costs. The defendants have not demonstrated that all the requirements for interpleader are present (see Pouch v. Prudential Ins. Co., 204 N. Y. 281; Nelson v. Cross & Brown Co., 9 A D 2d 140; Cross & Brown Co. v. Ludin Realty Co., 90 Misc. 606). This determination is without prejudice to any application the defendants may make, if so advised, for a consolidation or a joint trial of this action with that brought by the other broker-claimant. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ.
17 A.D.2d 612
Garber v. Mandelbaum
Appellate Division of the Supreme Court of the State of New York
Decided July 3, 1962
Appellate Division of the Supreme Court of the State of New York · decided 1962-07-03
Relies on Pouch v. Prudential Insurance Co. of America · Cross & Brown Co. v. Ludin Realty Co.
Decided 1962-07-03