Lischak v. Kotzer

OPINION OF THE COURT

Thomas Aloi, J.

This motion to recover moneys held in trust presents a novel question for decision by this court: both parties claim the interest which as accumulated on a sum held in escrow.

In 1975, the parties entered into a contract for the sale to plaintiff of an apartment building owned by the defendant, Kotzer. While the sale of that property has occasioned much litigation between these and other parties, only the facts *115pertinent to the particular issue before this court will be recited herein.

Plaintiffs original purchase offer was contingent upon the absence "of any…