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LISCHAK v. KOTZER

96 Misc.2d 114 (1978)

John M. Lischak, Plaintiff, v. Stephen Kotzer et al., Defendants.

Supreme Court, Onondaga County.

September 12, 1978

Attorney(s) appearing for the Case

Joel N. Melnicoff for plaintiff. Raymond J. de Silva, Jr., for defendants.

THOMAS ALOI, J.

This motion to recover moneys held in trust presents a novel question for decision by this court: both parties claim the interest which as accumulated on a sum held in escrow.

In 1975, the parties entered into a contract for the sale to plaintiff of an apartment building owned by the defendant, Kotzer. While the sale of that property has occasioned much litigation between these and other parties, only the facts

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