Albert & Kimmel v. Herman

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered July 8, 1999, which, in an interpleader action by an escrow agent concerning the disposition of a down payment for a cooperative apartment, denied defendant seller’s motion for summary judgment and granted defendant buyer’s cross motion for summary judgment, unanimously affirmed, without costs.

The contract between the buyer and seller states that it may be modified only by a writing signed by the party to be charged. Viewing the submitted writings in a light most favorable to the seller, at best they show that the buyer…