GREENAPPLE v. CAPITAL ONE, N.A.

6623, 108683/10.

92 A.D.3d 548 (2012)

939 N.Y.S.2d 351

2012 NY Slip Op 1329

RHONDA GREENAPPLE, Individually and as Beneficiary under an Escrow Agreement with GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP, as Escrow Agent, and Another, Appellant, v. CAPITAL ONE, N.A., Doing Business as CAPITAL ONE BANK, et al., Defendants, and GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP, Respondent.

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

Decided February 21, 2012.


Plaintiff and defendant Park Madison Associates, LLC (Park) executed a purchase agreement whereby plaintiff agreed to purchase a condominium unit located at 23 East 22nd Street, New York, New York. Park was both the sponsor and the agent for the owners of the condominium. Plaintiff paid a deposit of $104,000, which was held in escrow by Goldberg. Pursuant to the escrow agreement, Goldberg, as the escrow agent, was required to hold the deposit money in an escrow account "until...

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