Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not breach its fiduciary duty, as escrow depositary, to the depositor. The defendant showed that it properly disbursed escrow funds, in accordance with the terms of an escrow agreement, to the judgment creditor to satisfy a judgment for which the funds had been placed in escrow (...
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