Legal Opinion

National Union Fire Insurance v. Proskauer Rose Goetz & Mendelsohn

New York Supreme Court

Decided August 2, 1994PublishedCited by 20 opinions

1Opinion of the Court

*540OPINION OF THE COURT

Walter M. Schackman, J.

Motion numbers 22 and 106 of the February 3, 1994 calendar are consolidated for decision.

The question presented in the motions is whether defendants in their capacity as escrow agents are liable to plaintiff for the dissipation of funds claimed to have been placed in escrow.

Plaintiff moves pursuant to CPLR 3212 for an order granting summary judgment on its first and second causes of action and awarding it $1.2 million in damages. Defendants cross-move pursuant to CPLR 3212 for an order granting summary judgment dismissing the complaint. By separate…

2Cases cited44 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  4. Farago v. BurkeNew York Court of Appeals · 1933
  5. Brigham v. McCabeNew York Court of Appeals · 1967

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3Cited by20 opinions

  1. Mizuna, Ltd. v. Crossland Federal Savings Bank, AKA Crossland Savings Fsb, Royal Realty Co., a PartnershipCourt of Appeals for the Second Circuit · 1996
  2. Murphy v. Stowe Club HighlandsSupreme Court of Vermont · 2000
  3. AMUSEMENT INDUSTRY, INC. v. SternDistrict Court, S.D. New York · 2011
  4. Great American Insurance v. Canandaigua National Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 2005
  5. H & H Acquisition Corp. v. Financial Intranet HoldingsDistrict Court, S.D. New York · 2009

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