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In re Akivis

Supreme Court of New York
492 N.Y.S.2d 316 (1985)


Facts

Sixty Four Reade Corp. (Sixty Four Reade) sold its New York City property to Akivis (plaintiff). As part of the sale process, Sixty Four Reade’s attorney, David Brecher (defendant), received $5,000 in funds from Akivis to hold as escrow agent. After the sale, Sixty Four Reade failed to remove its possessions within 60 days and leave the property in broom-clean condition, as required by the real estate contract. Despite this noncompliance with the contract terms, Brecher released the $5,000 to Sixty Four Reade. Akivis brought an Article 78 proceeding against Brecher, alleging Brecher breached his duties as escrow agent and seeking damages for his failure to hand over the property in broom-clean condition.

Rule of Law

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Issue

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Holding and Reasoning (Kramer, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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