2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 10 - (1001 - 1026) PARTIES GENERALLY
1006 - Interpleader.

 
    §   1006.   Interpleader.   (a)   Stakeholder;   claimant;  action  of
  interpleader.  A stakeholder is a person who is or  may  be  exposed  to
  multiple  liability  as  the  result  of adverse claims. A claimant is a
  person who has made  or  may  be  expected  to  make  such  a  claim.  A
  stakeholder  may  commence an action of interpleader against two or more
  claimants.
    (b) Defensive interpleader. A defendant stakeholder  may  bring  in  a
  claimant  who  is  not  a  party  by  filing  a summons and interpleader
  complaint. Service of process upon such a claimant shall be  by  serving
  upon  such  claimant  a summons and interpleader complaint and all prior
  pleadings served in the action.
    (c) Effect of pendency of another action  against  stakeholder.  If  a
  stakeholder seeks to bring in a claimant pursuant to subdivision (b) and
  there  is pending in a court of the state an action between the claimant
  and the stakeholder based upon the same claim, the appropriate court, on
  motion, upon such terms as may be just,  may  dismiss  the  interpleader
  complaint  and order consolidation or joint trial of the actions, or may
  make the claimant a party  and  stay  the  pending  action  until  final
  disposition  of  the action in which interpleader is so granted, and may
  make such further order as may be just.
    (d) Abolition of former grounds for objection. It is  not  ground  for
  objection  to  interpleader  that the claims of the several claimants or
  the titles on which their claims depend do not have a common  origin  or
  are  not identical but are adverse to and independent of one another, or
  that the stakeholder avers that he is not liable in whole or in part  to
  any or all of the claimants.
    (e)  Issue of independent liability. Where the issue of an independent
  liability of the stakeholder to a claimant is raised by the pleadings or
  upon motion,  the  court  may  dismiss  the  claim  of  the  appropriate
  claimant, order severance or separate trials, or require the issue to be
  tried in the action.
    (f)  Discharge of stakeholder. After the time for all parties to plead
  has expired, the stakeholder may move for an order discharging him  from
  liability in whole or in part to any party. The stakeholder shall submit
  proof  by affidavit or otherwise of the allegations in his pleading. The
  court may grant the motion and require payment into court, delivery to a
  person designated by the court or retention to the credit of the action,
  of the subject matter of the action to be disposed of in accordance with
  further order or the judgment. An order under subdivision (g) shall  not
  discharge  the stakeholder from liability to any claimant until an order
  granted under this subdivision is complied with.  The court shall impose
  such terms relating to payment of expenses, costs and  disbursements  as
  may  be  just and which may be charged against the subject matter of the
  action. If the court  shall  determine  that  a  party  is  entitled  to
  interest,  in  the  absence of an agreement by the stakeholder as to the
  rate of interest, he shall be liable to such party for interest  to  the
  date  of discharge at a rate no greater than the lowest discount rate of
  the Federal Reserve Bank of New York for discounts for, and advances to,
  member banks in effect from time to time during the period for which, as
  found by the court, interest should be paid.
    (g) Deposit of money as basis for jurisdiction. Where a stakeholder is
  otherwise entitled to proceed under this section for  the  determination
  of  a  right to, interest in or lien upon a sum of money, whether or not
  liquidated in amount, payable in the state pursuant  to  a  contract  or
  claimed  as  damages for unlawful retention of specific real or personal
  property in the state, he may move, either before or after an action has
  been commenced against him, for an order permitting him to pay  the  sum
  of money or part of it into court or to a designated person or to retain

  it  to  the  credit  of  the  action. Upon compliance with a court order
  permitting such deposit or retention, the sum of money shall  be  deemed
  specific  property  within the state within the meaning of paragraph two
  of section 314.