New England Mutual Life Insurance v. Kelly
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
This interpleader action was brought by an insurer and its agents for a judgment declaring defendants’ entitlement to present and future insurance commissions. These had been withheld pending resolution of the dispute between defendants Kelly and Rudner.
The controversy arose out of the relationship between Kelly and Rudner as joint agents who acted as pension consultants under a contract entered into August 26, 1966, providing for a percentage sharing of commissions. The personal acrimony underlying their split-up is not relevant to this appeal. Each has…
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