Connecticut General Life Insurance v. Boni

Order, Supreme Court, New York County, entered December 10, 1974 unanimously modified, on the law, to grant defendant-appellant Theresa Boni’s motion for summary judgment directing payment to her of the proceeds of the insurance policy, and as so modified the order is affirmed, without costs or disbursements. We agree that the action was properly brought in interpleader, plaintiff having been presented with adverse claims to the same fund, which claims were not "patently without substance” (Boden v Arnstein, 293 NY 99, 103; 2 Weinstein-Korn-Miller, par 1006.03). The contention that the…