CHERNEY v. PILEVSKY


178 A.D.2d 263 (1991)

Jennifer Cherney, Individually and as a Partner of C. P. Associates, Respondent, v. Philip Pilevsky, Appellant, et al., Defendants

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

December 17, 1991


There is no merit to defendant's contention that the escrow funds, representing the sole remaining asset of defendant partnership, were intended to secure plaintiff's indebtedness to another, unrelated concern in which the parties are partners, and therefore cannot be distributed to plaintiff until the dispute concerning this indebtedness is resolved. There is no language in either the partnership agreement or the escrow agreement conditioning plaintiff's right to the escrow...

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