Legal Opinion
Agricultural Insurance v. Matthews
Appellate Division of the Supreme Court of the State of New York
Decided November 26, 2002PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
Because the motion court has overlooked the utility and flexibility of the interpleader remedy (CPLR 1006) in providing a just solution to this case, we reverse the order appealed from and alter the disposition accordingly.
This is a controversy between a lessor (Nestora) and lessee (Matthews) over the insurance proceeds arising from the death of a gelding named Donner which was the insured subject of the lease. The three-page lease, executed on October 28, 1998, was for a one-year term with a one-year right of renewal. In the very first numbered paragraph,…
2Cases cited4 opinions
- White v. . CorliesNew York Court of Appeals · 1871
- Graziane v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Boris v. FlahertyAppellate Division of the Supreme Court of the State of New York · 1998
- Spiro v. EinzigerAppellate Terms of the Supreme Court of New York · 1944
3Cited by6 opinions
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- Gyabaah v. Rivlab Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Gyabaah v. Rivlab Transportation Corp.Appellate Division of the Supreme Court of the State of New York · 2013
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