Johnson v. Optometrix, Inc.

Smith, J.P. (dissenting).

I respectfully dissent. Flaintiffs commenced this breach of contract action seeking, inter alia, immediate possession of a retail eyewear store that defendant was operating pursuant to an agreement with plaintiffs. After defendant answered the complaint, the parties began to negotiate a settlement of both this breach of contract action and a related summary eviction proceeding pending in a local court. As part of those negotiations, defendant was to pay $100,000 to plaintiffs’ attorney, to be held in escrow. No written escrow agreement was signed, however, and the…