Legal Opinion
Manufacturer's & Traders Trust Co. v. Reliance Insurance
New York Court of Appeals
Decided May 3, 2007PublishedCited by 31 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that CPLR 5001 (a) does not authorize an award of interest against unsuccessful claimants in an interpleader action.
Facts and Procedural History
This case arises out of a contract to build a paper plant. The general contractor, Fru-Con/Fluor Daniel Joint Venture (the Joint Venture), awarded a subcontract to O’Brien & Gere Technical Services, Inc. (O’Brien) for the construction of several buildings that were to be part of the plant. O’Brien in turn awarded a number of subcontracts, including one for steel fabrication and erection to Gives Corporation.…
2Cases cited5 opinions
- Love v. State of New YorkNew York Court of Appeals · 1991
- Bello v. Roswell Park Cancer InstituteNew York Court of Appeals · 2005
- Trimboli v. Scarpaci Funeral Home, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Reliable Marine Boiler Repair, Inc. v. Frank B. Hall & Co.District Court, S.D. New York · 1971
- Selinger v. SelingerAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by31 opinions
- J. D'Addario & Co. v. Embassy Industries, Inc.New York Court of Appeals · 2012
- Bank of New York Trust Co., N.A. v. Franklin Advisers, Inc.Court of Appeals for the Second Circuit · 2013
- Finger Lakes Bottling Co., Inc. v. Coors Brewing Co.District Court, S.D. New York · 2010
- Toledo v. IGLESIA NI CHRISTONew York Court of Appeals · 2012
- Goldberger v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
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