Newman Tannenbaum Helpern Syracuse & Hirschtritt v. Squire Village Associates

OPINION OF THE COURT

Shirley Fingerhood, J.

The question before the court on the motion and cross motions is whether an escrow agent may utilize the inter-pleader statute, CPLR 1006, for the resolution of adverse claims to an escrow fund, when one claim is unrelated to the escrow agreement.

The action was commenced by an escrow agent, a law firm, pursuant to CPLR 1006, which permits a person who is or may be exposed to multiple liability as the result of adverse claims, to commence an action against the claimants. (CPLR *541006 [a].) CPLR 1006 (f) permits the court to discharge a stakeholder…