Opinion
January 19, 1993
Appeal from the Supreme Court, New York County (Walter M. Schackman, J.).
On prior appeals to this Court, we have indicated that withdrawal of interest from the rent escrow funds was not proper ( 171 A.D.2d 411, 413) and that the funds were to be held in escrow until ultimate right to them is established ( 155 A.D.2d 359).
Since Thomas Soja, as an officer of defendant, executed the withdrawals to pay legal fees and reimbursements to himself at the law firm's suggestion, both of these parties should be made to restore these moneys to the fund. Indeed, the modification described here would harmonize the order appealed with the IAS Court's written decision (see, Di Prospero v. Ford Motor Co., 105 A.D.2d 479).
We are advised that subsequent to the filing of plaintiff's brief on this appeal defendant's president, Thomas Soja, filed a bankruptcy petition. Accordingly that portion of this order which affects him is stayed until further order of this Court.
Concur — Sullivan, J.P., Wallach, Ross and Asch, JJ.