| Albert Jacobs, LLP v Parker |
| 2012 NY Slip Op 02819 [94 AD3d 919] |
| April 17, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Albert Jacobs, LLP, Respondent, v Diana Parker, Appellant. (Action No. 1.) Troutman Sanders, LLP, Respondent, v Diana Parker, Appellant. (Action No. 2.) Diana Parker, Appellant, v Troutman Sanders, LLP, et al., Respondents. (Action No. 3.) |
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Davis & Gilbert LLP, New York, N.Y. (Howard J. Rubin and David S. Greenberg of
counsel), for respondent Albert Jacobs, LLP, in action Nos. 1 and 3 and respondent Albert Jacobs
in action No. 3, and Meiselman, Denlea, Packman, Carton & Eberz, P.C., White Plains, N.Y.
(Jeffrey I. Carton and Joanna F. Sandolo of counsel), for respondent Troutman Sanders, LLP, in
action Nos. 2 and 3 (one brief filed).
In three related actions, inter alia, to recover damages for breach of fiduciary duties, Diana Parker, as executor of the estate of Gertrude Neumark Rothschild, appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered August 12, 2011, which denied her motion to direct the release, to her, of certain funds in the sum of $1,214,920.41, that are held in escrow.
Ordered that the order is affirmed, with costs.
Contrary to the appellant's contention, the Supreme Court did not err in denying her motion for the release of certain funds held in escrow.
"[A] written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms" (Greenfield v Philles Records, 98 NY2d 562, 569 [2002]; see MHR Capital Partners LP v Presstek, Inc., 12 NY3d 640, 645 [2009]). Here, the parties' written escrow agreement clearly enumerates certain conditions to the release of escrow funds. None of [*2]those conditions was met.
The appellant's remaining contentions are without merit. Rivera, J.P., Chambers, Roman and Sgroi, JJ., concur.