General
William Albertson, as Acting Treasurer of Hotel and Restaurant Workers Union, Local 16, an Unincorporated Association, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant, Impleaded with Others
253 A.D. 801·New York Supreme Court, Appellate Division·1938·NY
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Opinion
William Albertson, as Acting Treasurer of Hotel and Restaurant Workers Union, Local 16, an Unincorporated Association, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant, Impleaded with Others.
[MAJORITY]
There is no provision in rules 113 and 114 of the Rules of Civil Practice which will permit the granting of summary judgment in this equity action to determine title of the adverse claimants to the fund in the hands of the defendant Fidelity and Deposit Company of Maryland. Judgment and order unanimously reversed, with costs, and the motion denied. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.