Plaintiffs, who are brothers and sisters, commenced an action against their sister, Dolores Burton, and Davis M. Etkin, an attorney, alleging that defendants breached an escrow agreement made with plaintiffs' and defendant Burton's mother in connection with a piece of realty presently valued at $40,000. The complaint also asserts a cause of action in fraud against both defendants. Defendant Etkin moved for summary judgment dismissing the complaint. Special Term denied the...
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