Legal Opinion

Eightway Corp. v. Dime Savings Bank

Appellate Terms of the Supreme Court of New York

Decided May 22, 1979PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Judgment of the court below (94 Misc 2d 274) unanimously affirmed, without costs.

Plaintiffs predecessor in title executed a mortgage consolidation agreement with the defendant bank containing provisions requiring the mortgagor to deposit moneys in escrow with the bank which were to be applied to monthly real estate taxes and other assessments. Said mortgage was assumed by plaintiff. Plaintiff subsequently transferred the mortgaged property to defendant V. Ponte & Sons, Inc. Inadvertently, at the closing, no adjustment was made with regard to the escrow fund held…

2Cases cited4 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. Valerio v. College Point Savings BankNew York Supreme Court · 1965
  3. Eightway Corp. v. Dime Savings BankCivil Court of the City of New York · 1978
  4. Howard v. BellingerNew York Supreme Court · 1952

3Cited by10 opinions

  1. In the Matter of Missionary Baptist Foundation of America Inc., Etc., Debtor, Robert B. Wilson, Trustee v. United Savings of TexasCourt of Appeals for the Fifth Circuit · 1986
  2. Reprosystem, BV v. SCM Corp.District Court, S.D. New York · 1981
  3. New York State Energy Research & Development Authority v. Nuclear Fuel Services, Inc.District Court, W.D. New York · 1983
  4. United States v. Bedford AssociatesDistrict Court, S.D. New York · 1982
  5. United States v. Bedford AssociatesCourt of Appeals for the Second Circuit · 1983

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