EWING CO. v. N. Y. S. TEACHERS' RET.


14 A.D.2d 113 (1961)

W. K. Ewing Company, Incorporated, Respondent, v. New York State Teachers' Retirement System, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

August 1, 1961.


Attorney(s) appearing for the Case

Charles A. Brind for appellant.

Charles E. Nichols of counsel (Whalen, McNamee, Creble & Nichols, attorneys), for respondent.

GIBSON and REYNOLDS, JJ., concur with BERGAN, P. J.; TAYLOR, J., dissents and votes to affirm in memorandum.


BERGAN, P. J.

Plaintiff sues on a contract to service a mortgage held by defendant on property in Texas. By the terms of the service agreement plaintiff undertook to collect monthly payments of interest, escrow deposits, reserves for replacements, to "do all that is necessary" to see to it that the buildings were covered by fire and other insurance, to ascertain periodically the taxes due on the premises, and to remit money from the plaintiff to officials...

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