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SUPERIOR GROUP VENTURES, INC. v. CAROCELLI, INC.

241 A.D.2d 489 (1997)

661 N.Y.S.2d 518

Superior Group Ventures, Inc., Appellant, v. Carocelli, Inc., et al., Respondents

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

July 14, 1997

Ordered that the judgment is affirmed, with costs.

Inasmuch as there was no delivery of the promissory note in question by the escrow agent to the plaintiff, and the plaintiff did not establish that it was entitled to delivery of the note pursuant to the terms of the oral escrow agreement, the trial court properly dismissed the complaint, which had been predicated on the promissory note (see, Balart v Romeo

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