Interpleader fees

CPLR § 1006 Interpleader

Appel v Giddins, 2011 NY Slip Op 08215 (1st Dept., 2011)

Giddins's claim for costs and reasonable attorneys' fees may proceed because, notwithstanding plaintiff's characterization, her claims against Giddins are based on Giddins's performance of its duties as escrowee, and the contract provides for Giddins's recovery of costs and reasonable attorneys' fees incurred in connection with the performance of its duties as escrowee, which include responding to plaintiff's claims (see CPLR 1006[f]; Sun Life Ins. & Annuity Co. of N.Y. v Braslow, 38 AD3d 529 [2007]).

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