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Mahon, Mahon, Kerins & O'Brien, LLC v. Moskoff
Citations: 85 A.D.3d 738; 926 N.Y.S.2d 540
Court: Appellate Division of the Supreme Court of the State of New York; June 7, 2011; New York; State Appellate Court
David Moskoff appeals an order and judgment from the Supreme Court, Nassau County, which denied his motion to dismiss a stakeholder’s interpleader action and effectively granted the plaintiff’s cross motion for summary judgment. The plaintiff, representing the estate of Moskoff's father, initiated the action due to conflicting claims over certain estate funds. The court affirmed the decision, ruling that Moskoff's arguments regarding jurisdiction, venue, and standing were meritless, and that he was indeed a claimant under CPLR 1006. The court found that the plaintiff was a neutral stakeholder with no interest in the disputed funds and demonstrated this status effectively, leading to the discharge of Moskoff from further liability concerning those funds. Additionally, the court awarded the plaintiff attorney’s fees and costs, as the plaintiff was compelled to participate in the dispute among claimants. Moskoff's objections regarding the basis for the fee award and various alleged procedural violations were either unpreserved for appeal or waived. The court deemed Moskoff's remaining arguments without merit or outside the record. Furthermore, a motion by Moskoff to strike the brief of defendant Malen Associates was also denied. The ruling was reached unanimously by the panel of justices.