Legal Opinion
Raab v. Bowery Savings Bank
Civil Court of the City of New York
Decided May 20, 1974PublishedCited by 4 opinions
1Opinion of the CourtIrving Younger, J.
In 1965, plaintiff and her husband bought a house. Defendant is their mortgagee.
The mortgage says that the mortgagors shall make certain monthly payments “to be held in trust by the mortgagee.” Plaintiff has made the payments. Defendant enters them in an “ escrow account” out of which it pays taxes and other assessments on the house. The amount received has exceeded the amount expended for at least the last six years. In 1968, the average monthly balance in plaintiff’s favor was $346.76 ; in 1969, $351.09; in 1970, $485; in 1971, $456.56; in 1972, $604.05; and in 1973, $731.87.
*1055In January,…
2Cases cited5 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Tierney v. Savings & Loan Ass'nCivil Court of the City of New York · 1974
- Bevier v. . CovellNew York Court of Appeals · 1881
- Fleschner Bros. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1951
- Fleschner Bros. v. Consolidated Edison Co.New York Court of Appeals · 1952
3Cited by4 opinions
- Smith v. Commonwealth National BankSupreme Court of Pennsylvania · 1989
- Henry v. GreenMount Vernon City Court · 1984
- Surrey Strathmore Corp. v. Dollar Savings BankNew York Court of Appeals · 1975
- Surrey Strathmore Corp. v. Dollar Savings BankNew York Court of Appeals · 1975