Rochester Drug Co-Operative, Inc. v. Magaliff

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 7, 2004. The order denied defendant’s motion to dismiss the complaint and for sanctions.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is granted in part and the complaint is dismissed.

Memorandum: Plaintiff commenced this action to recover funds held in escrow that defendant allegedly wrongfully released to his client after assuring plaintiff, an unsecured creditor of the client, that the funds would be paid to…