Opinion
301
February 27, 2003.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered September 10, 2002, which, inter alia, granted plaintiffs' motion for summary judgment declaring that plaintiff Allen Silverman is entitled to have certain funds held in escrow by defendant Shearman Sterling released to him and directed the release of said funds to Silverman, unanimously affirmed, with costs.
STEPHEN M. LAZARE, for Plaintiffs-Respondents.
JEFFREY TURKEL, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Buckley, Williams, Friedman, JJ.
In interpreting the subject escrow agreement, the motion court properly consulted another agreement between plaintiff Silverman and defendant Solow referenced by the escrow agreement. There is no merit to Solow's claim that the escrow agreement obligated Silverman to prove that all the expenses to be reimbursed by means of the escrowed funds were incurred in the fee acquisition and not in the leasehold purchase. The unrebutted documentation amply established Silverman's payment of the fees for which he was to be reimbursed out of the escrowed funds at issue, and the court correctly declared in his favor.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.