Opinion
June 29, 1944.
Appeal from the Municipal Court of the City of New York, Borough of Richmond, DITORE, J.
Carl D. Isaacs for appellant.
Albert E. Seligman for respondent.
MEMORANDUM
Upon the entry of the order of interpleader the action became one in equity ( Clark v. Mosher, 107 N.Y. 118, 122; Levy v. Niklad, 259 A.D. 54) and the court below was therewith divested of all jurisdiction to determine which of the claimants was entitled to be paid the fund in controversy.
The judgment should be reversed on the law, without costs, and complaint dismissed, without prejudice to the rights of any of the parties.
MacCRATE, SMITH and STEINBRINK, JJ., concur.
Judgment reversed, etc.