Abrahams v. Commonwealth Land Title Insurance
Cases that cite this one
3 later published cases cite this decision.
- Hosannah v. Millennium Abstract Corp. (Appellate Division of the Supreme Court of New York 2024)
- Abrahams v. Commonwealth Land Title Insurance (Appellate Division of the Supreme Court of New York 2014)
- Baquerizo v. Monasterio (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action to recover damages for breach of fiduciary duty, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered December 29, 2009, as granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that it did not breach its fiduciary duty, as escrow depositary, to the depositor. The defendant showed that it properly disbursed escrow funds, in accordance with the terms of an escrow agreement, to the judgment creditor to satisfy a judgment for which the funds had been placed in escrow (see Cash v Titan Fin. Servs., Inc., 58 AD3d 785, 790 [2009]; see generally Rut v Young Adult Inst., Inc., 74 AD3d 776 [2010]; Takayama v Schaefer, 240 AD2d 21, 25 [1998]). In opposition, the plaintiff failed to raise a triable issue of fact.
The plaintiffs remaining contentions are without merit.
Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. Skelos, J.P., Dickerson, Austin and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.