Order affirmed insofar as appealed from, with costs, and matter remitted to the Supreme Court, Putnam County, for the entry of an appropriate judgment.
The law imposes upon the holder in escrow "a duty not to deliver the escrow to anyone except upon strict compliance with the conditions imposed" (Farago v Burke, 262 N.Y. 229, 233). While it is true that the performance of the condition of an escrow may be waived (see, Kosinski v Gallt,
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