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ESPOSITO v. KAY

260 A.D.2d 426 (1999)

687 N.Y.S.2d 264

PAULINE C. ESPOSITO, Appellant, v. MITCHELL N. KAY, Respondent.

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

Decided April 12, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The complaint failed to state a cause of action to recover damages for breach of an escrow agreement, assuming, arguendo, that the letter of the defendant dated June 10, 1991, was sufficient to constitute such an agreement (but see, National Union Fire Ins. Co. v Proskauer Rose Goetz & Mendelsohn, 165 Misc.2d 539, affd

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