Legal Opinion
Eightway Corp. v. Dime Savings Bank
Civil Court of the City of New York
Decided April 26, 1978PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles H. Cohen, J.
Who is entitled to an escrow balance held by a mortgagee for the payment of real estate taxes, water and sewer rent charges when the real property involved is sold and no mention is made of the disposition of that escrow balance? The plaintiff seller is seeking to recover the amount of the escrow balance and is suing both the mortgagee (the bank) and the buyer. Plaintiff alleges "unjust enrichment” and "monies had and received” with respect to both defendants and also alleges "breach of written agreement” with respect to the bank.
On June, 5, 1968,…
2Cases cited30 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- Paramount Film Distributing Corp. v. StateNew York Court of Appeals · 1972
- Roberts v. . ElyNew York Court of Appeals · 1889
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Schank v. . SchuchmanNew York Court of Appeals · 1914
25 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- 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
- Reprosystem, BV v. SCM Corp.District Court, S.D. New York · 1981
- New York State Energy Research & Development Authority v. Nuclear Fuel Services, Inc.District Court, W.D. New York · 1983
- Eightway Corp. v. Dime Savings BankAppellate Terms of the Supreme Court of New York · 1979
- Connelly Containers, Inc. v. BernardDistrict Court, S.D. New York · 1989
6 more not listed; retrieve them via the Exa API.