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Real Property Law
No Release of Escrow When Questions of Fact Remain About Breach
Schmuelian v. Bichoupan 2024 WL 1290524 AppDiv, Second Dept. (memorandum opinion)
In sellers' action for a declaration that sellers were entitled to release of an escrow deposit, sellers appealed from Supreme Court's grant of summary judgment to purchasers directing the escrow agent to release the escrowed funds to purchaser. The Appellate Division modified to hold that neither party was entitled to summary judgment because issues of fact remained about whether purchasers' actions caused breach by sellers.
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