Case of first impression. Appellate Division limited the right of third-party defendant added after completion of plaintiff’s and defendant’s depositions, to depositions limited to areas of inquiry not adequately adduced at prior depositions.

Appellate Division Second Department vacated tax lien sale on the basis the County failed to provide adequate notice of the tax sale. The premises was vacant land. The County was advised of the owner’s residence and was requested to mail tax invoices to such residence. Instead the County mailed tax invoices and notice of sale to attorneys adverse to the owners in a property damage action. County was advised of the incorrect address by the attorneys and failed to re-direct notices.

Life insurer sought to interplead death benefit in light of conflicting claims to the benefit among various beneficiaries. One claimant interposed a counterclaim for negligence claiming the insurer failed to properly process the beneficiary designation forms. The Appellate Division rendered summary judgment dismissing the claims and directed the deposit of the benefit into court. The insurance underwriter had no contract with the beneficiaries and consequently no duty of care. The underwriter was also awarded counsel fees as a disinterested stakeholder.