The IAS Court correctly held that defendant could not be held liable as an escrow agent, it being undisputed that the purported agreement between plaintiff Carole Shapiro and defendant's client, Tolk, was never communicated to defendant before it disbursed the money given to it by Tolk, and to Tolk by plaintiffs, in accordance with Tolk's instructions (see, 55 NY Jur 2d, Escrows, § 19). That the check plaintiffs gave Tolk was made payable to defendant's escrow...
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