Opinion
December 29, 1995
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the second amended judgment is affirmed, insofar as appealed from, with costs to the plaintiffs-respondents payable by the appellants.
In Winkler v Allvend Indus. ( 186 A.D.2d 732, 734), this Court remitted this matter to the Supreme Court, Nassau County, to deduct from the plaintiffs' judgment the "amount of professional fees actually paid by Holiday House". Since the funds in the escrow account in question were funds which the plaintiffs Bernard Winkler and Lynn Winkler borrowed from Ethel Winkler and were not Holiday House's funds, the Supreme Court properly amended its judgment so as not to deduct the payments made from the escrow account. O'Brien, J.P., Copertino, Pizzuto and Santucci, JJ., concur.