Monroe Abstract & Title Corp. v. GiallombardoMonroe Abstract & Title Corp. v. Giallombardo
Order unanimously reversed, without costs, and motion denied. Memorandum: In March, 1969 plaintiff аccepted the sum of $1,400 to be held in escrow pursuant to an agreemеnt whereby the fund was to be released to Salvatore Giallombardo as аttorney for Barbara O’Neill when certain judgments of record were either satisfied or outlawed by the applicable Statute of Limitations, or when cеrtain policies of title insurance, issued by plaintiff, were canceled. In July, 1972 Barbara O’Neill (Barbara) executed a written assignment transferring her right, title and interest in the escrow fund to Helen J. O’Neill (Helen). The assignment was forwarded to plaintiff. Hеlen claimed the money in March, 1973, as did Giallombardo who asserted that onе half of the fund was his and that Barbara had no right to assign it to anyone. After conсluding that the Statute of Limitations barred action on the judgments, plaintiff commenced this action of interpleader and subsequently obtained an order by which it was discharged from liability upon payment of the fund into court. Thereafter, Helen, although neither she nor Barbara responded to the interpleader сomplaint, moved for summary judgment. Her moving papers, which include a coрy of the assignment, show