PPX Enterprises, Inc. v. Chalpin

—Order and *354judgment of the Supreme Court, New York County (Stuart Cohen, J.), entered January 26, 1994, which, inter alia, directed that the respondent-appellant escrow agent pay $55,835.27 from escrow funds to respondent Bernabe Gonzalez, is unanimously reversed, on the law, without costs, the escrow agent directed to pay the escrow funds into court, and the matter is remanded for trial.

We hold that questions of fact are presented as to the ownership of the escrow funds (CPLR 5239). It was error for the motion court to award payment to Gonzalez out of the escrow fund. Gonzalez is a judgment…