390 KINGS HIGHWAY, LLC v. MAYLOV

2010-00295.

95 A.D.3d 998 (2012)

944 N.Y.S.2d 261

2012 NY Slip Op 3632

390 KINGS HIGHWAY, LLC, Appellant-Respondent, v. DINARA MAYLOV, Respondent-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 8, 2012.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In the instant matter, the defendant-escrow agent's liability is limited by section 2.05 (b) of the contract of sale, which provides, in pertinent part, "that Escrowee [defendant] shall not be liable to either [the buyer or the plaintiff seller] for any act or omission on its part unless taken or suffered in bad faith, in willful disregard of this contract...

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