TZANETATOS v. SCOTT


240 A.D.2d 320 (1997)

659 N.Y.S.2d 438

Vijwantie Tzanetatos, Respondent, v. John C. Scott et al., Defendants, and Paul W. Frieary, Appellant

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

June 24, 1997


Defendant-appellant was the attorney for the sellers in a real estate transaction, and, in connection therewith, was given part of the down payment to hold in escrow under a standard residential contract of sale. Paragraph 6 (a) provides as here pertinent that if closing does not occur and one of the parties demands delivery of the down payment, the escrowee is to give prompt notice of that demand to the other party, and that "[i]f Escrowee does not receive Notice of objection...

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