Legal Opinion

470 West End Corp. v. East River Savings Bank

Civil Court of the City of New York

Decided February 11, 1980PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

This is an action to recover a deposit on a subsequently canceled mortgage application. Plaintiff, the owner of a building at 470 West End Avenue, New York City, gave defendant William J. Dwyer & Co., Inc. (Dwyer) written authorization to seek mortgage refinancing, expressly limiting that defendant’s authority to obtaining refinancing on particular terms and conditions. One of those conditions was the absence of any prepayment penalties in the existing mortgage on the building. When plaintiff learned that prepayment penalties on the existing mortgage would…

2Cases cited12 opinions

  1. Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
  2. MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
  3. Luxonomy Cars, Inc. v. Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1978
  4. Spraights v. . HawleyNew York Court of Appeals · 1868
  5. Bunge Corp. v. Manufacturers Hanover Trust Co.New York Court of Appeals · 1972

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Lenard v. Design StudioDistrict Court, S.D. New York · 2012
  2. CBS, Inc. v. AhernDistrict Court, S.D. New York · 1985
  3. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ChipetineAppellate Division of the Supreme Court of the State of New York · 1995
  4. Pereira v. Binet (In Re Harvard Knitwear, Inc.)United States Bankruptcy Court, E.D. New York · 1993
  5. Doran v. Treiling (In Re Treiling)United States Bankruptcy Court, E.D. New York · 1982

3 more not listed; retrieve them via the Exa API.

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