[*1]
Oberfeldt v Thiro
2004 NY Slip Op 51552(U)
Decided on December 8, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 8, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.
2003-1519 RI C

ANDREW OBERFELDT, KATHLEEN OBERFELDT and ROBERT J. KRESS, Respondents,

against

WILLIAM THIRO and CHRISTINE THIRO, Appellants.


Appeal by defendants from an order of the Civil Court, Richmond County


(J. McMahon, J.), entered July 31, 2003, granting plaintiffs' motion for summary judgment, directing release of sums held in escrow and finding plaintiff Robert J. Kress entitled to an award of attorney's fees, and from an order of the same court, entered September 3, 2003, deemed (see CPLR 5520 [c]) an appeal from the judgment entered thereon on October 9, 2003, awarding $900 in attorney's fees to plaintiff Kress as against defendants.

Order entered July 31, 2003 and judgment unanimously affirmed without costs.

In this action for breach of a contract for the sale of real property, defendants failed to raise any issue of fact in opposition to plaintiffs' motion for summary judgment (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

The award of attorney's fees as against defendants to the escrow agent was also proper as the contract provided for each party to pay one half of any such fee incurred in a lawsuit involving the escrow agent's actions with regard to the escrow funds.
Decision Date: December 08, 2004