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MANUFACTURERS & TRADERS TRUST CO. v. RELIANCE INSURANCE COMPANY

303 A.D.2d 1002 (2003)

757 N.Y.S.2d 404

MANUFACTURERS & TRADERS TRUST CO., Named in the Relevant Escrow Agreement as MANUFACTURER'S & TRADERS BANK, Respondent, v. RELIANCE INSURANCE COMPANY et al., Respondents, and FRU-CON/FLUOR DANIEL JOINT VENTURE, Appellant.

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

Decided March 21, 2003.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the cross motion of defendant Fru-Con/Fluor Daniel Joint Venture is granted.

Memorandum:

Defendant Fru-Con/Fluor Daniel Joint Venture (Joint Venture) appeals from that part of an order that denied its cross motion for summary judgment seeking the return of escrow funds to it. Plaintiff entered into an escrow agreement with...

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