Legal Opinion

Baquerizo v. Monasterio

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2011PublishedCited by 15 opinions

1Opinion of the Court

An escrow agent “not only has a contractual duty to follow the escrow agreement, but additionally becomes a trustee of anyone with a beneficial interest in the trust” (Takayama v Schaefer, 240 AD2d 21, 25 [1998]). Accordingly, the escrow agent has a duty not to deliver the property held in escrow to anyone except upon “strict compliance with the conditions imposed” in the escrow agreement (id. at 25 [internal quotation marks omitted]). “Thus, an escrow agent can be held liable for breach of the escrow agreement and breach of fiduciary duty as escrowee” (id. at 25; see Grinblat v Taubenblat,…

2Cases cited6 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. Takayama v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1998
  4. Grinblat v. TaubenblatAppellate Division of the Supreme Court of the State of New York · 1985
  5. Levit v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by15 opinions

  1. Lawrence v. KennedyAppellate Division of the Supreme Court of the State of New York · 2012
  2. Sasidharan v. PivergerAppellate Division of the Supreme Court of the State of New York · 2016
  3. Zi Kuo Zhang v. LauAppellate Division of the Supreme Court of the State of New York · 2022
  4. Educational Center for New Americans, Inc. v. 66th Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 2015
  5. Shan Yun Lin v. LauAppellate Division of the Supreme Court of the State of New York · 2022

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