Hampton Hall Pty Ltd. v. Global Funding Services, Ltd.

*524This appeal arises out of an escrow agreement entered into by plaintiff and defendant Jay Rick. Since RSF&B was not a signatory to the escrow agreement, no cause of action for breach of contract can be asserted against it (see Balk v 125 W. 92nd St. Corp., 24 AD3d 193, 193 [2005]). The documentary evidence establishes that Rick entered into the escrow agreement in his individual capacity and that RSF&B is, thus, not liable to plaintiff (see Schuckman v Sayville Plaza Dev. Co., 201 AD2d 638 [1994]). The “whereas” clause in the agreement stating that “[plaintiff] has assigned as Escrow Agent,…