RAAB v. BOWERY SAV. BANK


77 Misc.2d 1054 (1974)

Regina Raab, Plaintiff, v. Bowery Savings Bank, Defendant.

Civil Court of the City of New York, New York County.

May 20, 1974


Attorney(s) appearing for the Case

Ira J. Raab for plaintiff. Cadwalader Wickersham & Taft (W. Mowry Connelly of counsel), for defendant.


IRVING 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...

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