Village Savings Bank v. Caplan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Lazer, J.
The issue in this mortgage foreclosure action is the mortgagee’s right to establish a “fully accrued” system of collecting tax escrow payments under which either the required tax reserve or the monthly escrow payments — or both — may be well in excess of the sums required under a system keyed to the monthly collection of one twelfth of the *146annual real estate taxes. On the facts before us, we believe that Special Term’s grant of summary judgment of foreclosure was error and that a trial is necessary.
In May, 1973, Maria and David Caplan financed the purchase of a…
2Cases cited19 opinions
- In re AhoNew York Court of Appeals · 1976
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Jerome Schurr v. Austin Galleries of Illinois, Inc., A/K/A Austin Publishing CompanyCourt of Appeals for the Second Circuit · 1983
- Dar El-Bina Engineering & Contracting Co. v. Republic of IraqDistrict Court, S.D. New York · 2000
- Cannon v. First National BankAppellate Division of the Supreme Court of the State of New York · 1983
- Proteus Books Ltd. v. Cherry Lane Music Co., Inc.District Court, S.D. New York · 1988
- Chemical Bank v. Flushing Savings BankAppellate Division of the Supreme Court of the State of New York · 1989
2 more not listed; retrieve them via the Exa API.