Igtet v. Board of Mgrs. of Trump Intl. Hotel & Tower Condominium
Supreme Court of the State of New York, Appellate Division, First Department, June 21, 2018
Plaintiff’s apartment in defendant’s building sustained damage after a pipe supplying water to plaintiff’s kitchen sprang a leak. The Board undertook to repair the damage and charged plaintiff for its expenses. Plaintiff placed money in an escrow account pending resolution of this dispute. The escrow agreement provided that the funds would be released to the Board 12 months after the date of the agreement’s execution upon written notice that the dispute has been resolved. The Supreme Court denied defendant’s motion for summary judgment dismissing the complaint and its cross claim for a mandatory injunction against defendant escrow agent. This Court modifies granting the motion with respect to the funds held in escrow and directing the escrow agent to release the funds. The Board established prima facie its entitlement to the escrow funds and in opposition, plaintiff failed to raise an issue of fact as to the Board’s right to the funds. The plaintiff also failed to raise an issue of fact as to her contention that the Board acted in bad faith to prevent the dispute from reaching a resolution.