Legal Opinion

Village Savings Bank v. Caplan

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1982PublishedCited by 7 opinions

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

  1. In re AhoNew York Court of Appeals · 1976
  2. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  3. Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
  4. Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
  5. 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

  1. Jerome Schurr v. Austin Galleries of Illinois, Inc., A/K/A Austin Publishing CompanyCourt of Appeals for the Second Circuit · 1983
  2. Dar El-Bina Engineering & Contracting Co. v. Republic of IraqDistrict Court, S.D. New York · 2000
  3. Cannon v. First National BankAppellate Division of the Supreme Court of the State of New York · 1983
  4. Proteus Books Ltd. v. Cherry Lane Music Co., Inc.District Court, S.D. New York · 1988
  5. 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.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API