Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc.

In an action to recover moneys belonging to plaintiff’s judgment debtor, which were being held by defendant as the debtor’s factor, the interpleaded defendant appeals from so much *1004In of an order of the Supreme Court, Richmond County, dated July 11, 1975, as, upon plaintiffs motion for summary judgment, (1) failed to grant summary judgment to it and (2) made provisions (the sixth and seventh decretal paragraphs) pursuant to CPLR 3212 (subd [g]). Order modified by deleting therefrom the sixth and seventh decretal paragraphs and substituting therefor the following: "ordered, that pursuant to…