Majority
p. 673Chatham Phenix National Bank and Trust Company, as Trustee, and Others, Plaintiffs, v. Birdco Realty Corporation and Others, Defendants. In the Matter of the Application for Leave to Interplead the Receiver of Rents Appointed in the Above-entitled Action in the Action of Puritan Sandwich Shoppe, Inc., against Francis D. Higson, Now Pending in the Municipal Court of the City of New York, in the Borough of Manhattan, for the Third District.
Order affirmed, wjth ten dollars costs and disbursements, with leave to make application on the vacation of the Municipal Court judgment to interplead the receiver. No opinion. Present — Finch, P. J., Merrell, McAvoy, Martin and Townley, JJ.