Ordered that the judgment is reversed, on the law, without costs or disbursements, that branch of the plaintiff's motion which was for summary judgment on the issue of damages is denied, the order entered November 21, 2008, is modified accordingly, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the issue of damages.
The plaintiff made a prima facie showing that he had an escrow agreement in place with the defendant (see Great...
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