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FLATBUSH PACIFIC DEVELOPMENT CORP. v. MARKOWITZ

50 A.D.3d 294 (2008)

853 N.Y.S.2d 884

FLATBUSH PACIFIC DEVELOPMENT CORP., Appellant, v. JAY MARKOWITZ et al., Respondents.

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

Decided April 3, 2008.

Even if there were an escrow agreement, plaintiff's allegation that it was the intended beneficiary of such agreement was conclusory (see e.g. Peabody v Northgate Ford, Inc., 16 A.D.3d 879, 881 [2005]; Sterritt v Heins Equip. Co., 114 A.D.2d 616 [1985]). The complaint thus failed to state a cause of action against either the alleged escrow agent, who flatly denied ever holding funds in escrow...

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