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ASHER v. HERMAN

49 Misc.2d 475 (1966)

Melvin J. Asher et al., Plaintiffs, v. Robert Herman et al., Defendants.

Supreme Court, Trial Term, Queens County.

March 8, 1966

Attorney(s) appearing for the Case

Melvin J. Asher, in person, and Martin R. Weinberg for Melvin J. Asher and another, plaintiffs. Albert Buchter for defendants.

J. IRWIN SHAPIRO, J.

The question posed for decision in this case is who, as between the plaintiffs (vendees) and the defendants (vendors) must suffer the loss of moneys deposited by the vendees under a real estate contract with an escrowee who has converted the funds to his own use.

Pursuant to the terms of the contract a deposit on account of the purchase price was left with one Irving E. Dickman...

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