GOLDBERG & CONNOLLY v. GRAYSTONE CONSTRUCTION CORP.


65 A.D.3d 1082 (2009)

GOLDBERG & CONNOLLY, Respondent, v. GRAYSTONE CONSTRUCTION CORP. et al., Defendants. JUPITER ENVIRONMENTAL SERVICES, INC., Nonparty Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 15, 2009.


Ordered that the order is reversed, on the law, with costs, the plaintiff's motion pursuant to CPLR 5225 (a) and (b) is denied, and the cross motion of Jupiter Environmental Services, Inc., is granted.

An attorney who comes into possession of funds or property of a client or a third party is a fiduciary and must safeguard those funds or property. In the case of funds, the attorney must deposit them into an attorney escrow account until disbursement. Here, the plaintiff...

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