Misnick v. Kiey

Full title: DANIEL MISNICK et al., Respondents, v. FLORENCE KIEY et al., Appellants

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 22, 1994

202 A.D.2d 322 (N.Y. App. Div. 1994)

609 N.Y.S.2d 786

Opinion

March 22, 1994

Appeal from the Supreme Court, Nassau County (Harold Collins, J.H.O.).

Upon review of the record, including, in particular, the correspondence between plaintiff Cahill and defendant Robert, both attorneys, and mindful that the Judicial Hearing Officer's determination rests in large measure on the witnesses' credibility, it was not against the weight of the evidence to find that Robert, acting on defendant Kiey's behalf, agreed with Cahill, acting on plaintiff Misnick's behalf, to hold Misnick's quitclaim deed to the subject property in escrow pending Kiey's payment to Misnick of $2500. We also agree with the Judicial Hearing officer that Cahill was a party to the escrow agreement and has standing to enforce it.

Concur — Sullivan, J.P., Wallach, Ross, Asch and Tom, JJ.