We agree with the IAS Court that defendant-appellant's letter stating that plaintiffs' monies would be held in a special account pending formation of a limited partnership and consent of the Attorney-General to an exemption from filing sufficed to raise an issue of fact as to whether defendant undertook escrow obligations with respect to the funds he solicited from plaintiffs for his brother's real estate venture (see, Grinblat v Taubenblat,
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GOLDSMITH v. ETTINGER
189 A.D.2d 657 (1993)
Gerald Goldsmith et al., Respondents, v. David M. Ettinger, Appellant, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
January 14, 1993
January 14, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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