Ordered that the order is reversed, on the law, with costs, the motion is granted, and the cross motion is denied.
The plaintiffs seek to recover the proceeds of an escrow fund created when they purchased property from the defendant Joan R. Bassey, as executor of the estate of L. Richard Rosenberg (hereinafter Bassey). The parties anticipated a problem with the water supply system on the property and placed $250,000 of the
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