Manufacturers & Traders Trust Co. v. Reliance Insurance

—Appeal from that part of an order of Supreme Court, Onondaga County (Paris, J.), entered March 7, 2002, that denied the cross motion of defendant Fru-Con/ Fluor Daniel Joint Venture for summary judgment seeking the return of escrow funds to it.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the cross motion of defendant Fru-Con/Fluor Daniel Joint Venture is granted.

Memorandum: Defendant Fru-Con/Fluor Daniel Joint Venture (Joint Venture) appeals from that part of an order that denied its cross motion for…