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182 Misc. 120

Spiro v. Einziger

Appellate Terms of the Supreme Court of New York · decided 1944-06-29

Relies on Clark v. . Mosher

Decided 1944-06-29

Memorandum Per Curiam.

¶1Upon the entry of the order of interpleader the action became one in equity (Clark v. Mosher, 107 N. Y. 118, 122; Levy v. Niklad, 259 App. Div. 54) and the court below was therewith divested of all jurisdiction to deter.mine which of the claimants was entitled to be paid the fund in controversy.

¶2The judgment should be reversed on the law, without costs, and complaint dismissed, without prejudice to the rights of any of the parties. •

¶3MacCrate, Smith and Steinbbink, JJ., concur.

¶4Judgment reversed, etc.

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