N.Y. CPLR § 1006

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1006 Interpleader § 1006. Interpleader. (a) Stakeholder; claimant; action ofinterpleader. A stakeholder is a person who is or may be exposed tomultiple liability as the result of adverse claims. A claimant is aperson who has made or may be expected to make such a claim. Astakeholder may commence an action of interpleader against two or moreclaimants.(b) Defensive interpleader. A defendant stakeholder may bring in aclaimant who is not a party by filing a summons and interpleadercomplaint. Service of process upon such a claimant shall be by servingupon such claimant a summons and interpleader complaint and all priorpleadings served in the action.(c) Effect of pendency of another action against stakeholder. If astakeholder seeks to bring in a claimant pursuant to subdivision (b) andthere is pending in a court of the state an action between the claimantand the stakeholder based upon the same claim, the appropriate court, onmotion, upon such terms as may be just, may dismiss the interpleadercomplaint and order consolidation or joint trial of the actions, or maymake the claimant a party and stay the pending action until finaldisposition of the action in which interpleader is so granted, and maymake such further order as may be just.(d) Abolition of former grounds for objection. It is not ground forobjection to interpleader that the claims of the several claimants orthe titles on which their claims depend do not have a common origin orare not identical but are adverse to and independent of one another, orthat the stakeholder avers that he is not liable in whole or in part toany or all of the claimants.(e) Issue of independent liability. Where the issue of an independentliability of the stakeholder to a claimant is raised by the pleadings orupon motion, the cou oany or all of the claimants.(e) Issue of independent liability. Where the issue of an independentliability of the stakeholder to a claimant is raised by the pleadings orupon motion, the court may dismiss the claim of the appropriateclaimant, order severance or separate trials, or require the issue to betried in the action.(f) Discharge of stakeholder. After the time for all parties to pleadhas expired, the stakeholder may move for an order discharging him fromliability in whole or in part to any party. The stakeholder shall submitproof by affidavit or otherwise of the allegations in his pleading. Thecourt may grant the motion and require payment into court, delivery to aperson 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 withfurther order or the judgment. An order under subdivision (g) shall notdischarge the stakeholder from liability to any claimant until an ordergranted under this subdivision is complied with. The court shall imposesuch terms relating to payment of expenses, costs and disbursements asmay be just and which may be charged against the subject matter of theaction. If the court shall determine that a party is entitled tointerest, in the absence of an agreement by the stakeholder as to therate of interest, he shall be liable to such party for interest to thedate of discharge at a rate no greater than the lowest discount rate ofthe 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, asfound by the court, interest should be paid.(g) Deposit of money as basis for jurisdiction. Where a stakeholder isotherwise entitled to proceed under this section for the determinationof a right to, interest in or lien upon a sum of money, whether or notliquidated in amount, payable in the state pursuant to a cont ntitled to proceed under this section for the determinationof a right to, interest in or lien upon a sum of money, whether or notliquidated in amount, payable in the state pursuant to a contract orclaimed as damages for unlawful retention of specific real or personalproperty in the state, he may move, either before or after an action hasbeen commenced against him, for an order permitting him to pay the sumof money or part of it into court or to a designated person or to retainit to the credit of the action. Upon compliance with a court orderpermitting such deposit or retention, the sum of money shall be deemedspecific property within the state within the meaning of paragraph twoof section 314.