Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff commenced this action to recover for the alleged breach of an agreement to hold in escrow monies to pay certain enumerated charges against properties being sold by the plaintiff. The Supreme Court granted the defendants' motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action. We reverse.
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