Irma Rosen, Respondent, v. New York Life Insurance Company, Respondent, and Samuel Rosen, Appellant

Irma Rosen, Respondent, v. New York Life Insurance Company, Respondent, and Samuel Rosen, Appellant. [MAJORITY] Appeal from a resettled order of interpleader impleading the appellant as defendant in place of the New York Life Insurance Company and discharging said company from liability to any of the parties upon payment into court of the proceeds of the policies in suit. Order reversed on the law and the facts, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, without prejudice to a renewal of the motion for interpleader upon proof of facts showing that plaintiff’s claim to the proceeds as assignee has some reasonable foundation in fact and in law, and without prejudice to an application to add appellant as a party to the action pursuant to the provisions of the Civil Practice Act (§ 193, subds. 1, 3), as the parties may be advised. This order is reversed for the same reasons as the order in Rosen v. Equitable Life Assurance Society (ante, p. 1015), decided herewith. Carswell, Johnston and Close, JJ., concur; Lazansky, P. J., and Adel, J., dissent and vote to affirm on the authority of Pouch v. Prudential Ins. Co. (204 N. Y. 281, at p. 286).