Colacino v Andrews (2011 NY Slip Op 51369(U))
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Colacino v Andrews
2011 NY Slip Op 51369(U) [32 Misc 3d 1220(A)]
Decided on July 21, 2011
Supreme Court, New York County
Madden, J.
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 July 21, 2011
Supreme Court, New York County
Michael D. Colacino
and DEBORAH COLACINO, Plaintiff,
against
Dynda L. Andrews, JOHN J. KIRBY, JR. and STEVEN R. EBERT,
Defendants.
117685/09
Plaintiffs were represented by: Moses & Singer, LLP, 405 Lexington Ave., New
York, NY 10174
Defendant Steven Ebert was represented by: Ebert & Associates, 110 East 30th
Street, New York, NY 10016
Defendants Andrews and Kirby: Benjamin J. Golub, Esq., 10 East 40th Street, New
York, NY 10016
Joan A. Madden, J.
This case arises out of an aborted real estate transaction for the sale of
cooperative apartment 11B (the "Apartment") in a building known as and located at 1148 Fifth
Avenue, New York, New York (the "Building"), which is owned by The 1148 Corporation (the
"Corporation"). Plaintiffs Michael D. Colacino ("Mr. Colacino") and Deborah Colacino ("Mrs.
Colacino") (together, the "Colacinos") move for partial summary judgment on their complaint
and seek an order directing Defendant Steven R. Ebert ("Ebert"), as escrowee, to release to them
a security deposit of $380,000.00 (the "Security Deposit") which they paid in relation to an
agreement for them to purchase the Apartment (the "Agreement") and which remains in an
escrow account (the "Escrow Account"). Ebert does not oppose the motion. Defendants Dynda J.
Andrews ("Andrews") and John J. Kirby, Jr. ("Kirby") (together, the "Sellers") oppose the motion