Geler v. National Westminster Bank USA

763 F. Supp. 722 (S.D.N.Y. 1991)

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Nature of the Case

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Facts

Benjamin Ghitelman's and Susana Ghitelman withdrew the funds deposited in the account. The Gelers attempted to withdraw the money, only to find that Susana Ghitelman had already withdrawn it. Susana Ghitelman returned the money to the Bank upon its demand. She subsequently died. The Gelers (P) then filed against the Bank (D), the first action herein, seeking to recover the disputed funds. Counsel for Howard Gluckman ('Gluckman' or 'Susana Ghitelman's administrator'), who was not a party to the present action, and who had not yet received ancillary letters of administration C.T.A. for the Susana Ghitelman estate from the Surrogate's Court of the State of New York, County of New York represented to the court that her client would intervene in the action as soon as he received those letters. The counsel for D sought to delay the resolution of P action pending the intervention of Susana Ghitelman's administrator. The court suggested that D should bring an interpleader claim against P and the Susana Ghitelman estate. The suggestions were ignored. P's action proceeded to the point that discovery was completed and a motion for summary judgment by P was fully submitted. D then filed a third-party complaint in P action, and an additional action in this court, No. 91 Civ. 1354 (RLC), both seeking interpleader of the competing claims of P and Susana Ghitelman's administrator. The two actions were consolidated. D seeks an injunction staying litigation of the state court action. P contends that this court lacks power to enjoin proceedings in the state court action ask the court to decide their motion for summary judgment in their action without further delay.