Kovacs v. New York Property Insurance Underwriting Ass'n

OPINION OF THE COURT

Bentley Kassal, J.

motions

Plaintiff moves for summary judgment against all defen*245dants and against interpleaded defendant Stuyvesant Fuel Service Corp. (Stuyvesant) in this action to recover proceeds under a fire insurance policy, as mortgagee on the premises.

Defendant and interpleading plaintiff, New York Property Insurance Underwriting Association (New York), cross-moves for an order pursuant to CPLR 1006 discharging it from liability in whole to any party in this above action upon the ground that New York is a mere stakeholder and has no interest or claim upon the amount…