Opinion
March 7, 1995
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
Plaintiffs fail to demonstrate any acts by the escrow agent that were not authorized pursuant to the terms of the parties' escrow agreement, and the surmise, conjecture and innuendo offered by plaintiffs in opposition to the cross motion for summary judgment were insufficient to create a triable issue of fact on their claim for breach of fiduciary duty and punitive damages (see, Parks v. Greenberg, 161 A.D.2d 467, 468-469, mot to dismiss appeal granted 76 N.Y.2d 888, lv denied 76 N.Y.2d 712).
Concur — Rosenberger, J.P., Ellerin, Wallach and Tom, JJ.