Double Fortune Property Investors Corp. v. Gordon

*407Order, Supreme Court, New York County (Charles E. Ramos, J.), entered June 10, 2008, which denied defendant escrow agent’s motion to strike the complaint and granted plaintiffs cross motion for summary judgment on its claim for return of the escrowed funds, unanimously affirmed, with costs.

The escrow agreement contained no definite term and therefore was terminable at will (Interweb, Inc. v iPayment, Inc., 12 AD3d 164 [2004], lv dismissed 4 NY3d 776 [2005]). Defendant failed to identify any facts in plaintiffs exclusive possession that might have precluded summary judgment pursuant to CPLR…