
    Joel Gottschall, as Administrator, Etc., Plaintiff, v. The German Savings Bank, in the City of New York, Defendant.
    (City Court of New York, Special Term and Chambers,
    August, 1904.)
    City Court of New York — Power of, to proceed with an action in which an interpleader has been ordered under section 1x5 of the Banking Law.
    While the City Court of New York has no power to proceed with an action after the entry of an order of interpleader granted under section 820 of the Code of Civil Procedure, it has power to grant an order of interpleader and proceed with the action when the order of interpleader is granted under section 115 of the Banking Law in an action brought against a savings bank to recover money on deposit.
    Motion by the defendant, The German Savings Bank, in the city of New York for an order substituting Mary Gottschall as a party defendant in its place and stead. The claimant, Mary Gottschall, claims the same fund as the plaintiff.
    Amend & Amend, for defendant bank, for motion.
    Delamare & Morrison, for plaintiff, opposed.
    M. S. & I. S. Isaacs, for claimant, Mary Gottschall, opposed.
   Seabury, J.

While this court has no jurisdiction to proceed with an action after the entry of an order of interpleader, under section .820 of the Code of Civil Procedure, it has power to grant' a similar motion and proceed with the action under section 115 of the Banking Law, when the action is against a savings bank to recover money on deposit. This 'statute expressly confers power upon the court in which the action is pending” to exercise this jurisdiction. The motion is granted except in so far as it seeks to compel the delivery of the pass-book at this time.

Motion granted except in so far as it seeks to compel delivery of pass-book at this time.  