Cases

E.W. Howell Co., LLC v Hill Intl., Inc. (2025 NY Slip Op 00719) E.W. Howell Co., LLC v Hill Intl., Inc. 2025 NY Slip Op 00719 Decided on February 06, 2025 Appellate Division, First Department Published by New York State Law Reporting Bureau

DECISION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS’ CROSS MOTION FOR SUMMARY JUDGMENT McMahon, Chief Judge.: The complaint in this case challenges the constitutionality of the New York State *859Thruway Authority’s use of New York Thruway toll revenue to maintain the New York State Canal System, which

Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.gov. THE SUPREME COURT OF THE STATE OF ALASKA ASSOCIATION OF VILLAGE ) COUNCIL PRESIDENTS REGIONAL) Supreme Court Nos. S-17802/178

Opinion MANELLA, J. Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by

*540OPINION OF THE COURT Walter M. Schackman, J. Motion numbers 22 and 106 of the February 3, 1994 calendar are consolidated for decision. The question presented in the motions is whether defendants in their capacity as escrow agents are liable to plaintiff for the dissipation of funds claimed to have been placed in escrow.