Plaintiff has standing to sue under the letter agreement that appellant entered into with the parties' escrow agent since, by definition, the escrow agent was merely the parties' fiduciary (see Bardach v Chain Bakers, 265 App Div 24, 27 [1942]), and the letter agreement was clearly intended for plaintiff's benefit. Moreover, since the letter agreement stated, and appellant otherwise knew, that the escrow agent was also acting as plaintiff's attorney in the transaction...
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