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TIERNEY v. WHITESTONE SAV.

83 Misc.2d 855 (1975)

Peter Tierney et al., Respondents, v. Whitestone Savings and Loan Association, Appellant.

Supreme Court, Appellate Term, Second Department.

June 9, 1975

Attorney(s) appearing for the Case

Munley & Meade (George J. Meade, John H. Munley, Robert O. Boyhan and James G. Meade of counsel), for appellant. Peter T. Tierney, pro se, for respondents. Hughes Hubbard & Reed (Martin E. Lowy and Barnet Phillips, IV, of counsel), for the Savings Bank Association of New York State, amicus curiae. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Meyer H. Mencher and Sol Koenigsberg of counsel), amicus curiae, pro se. Corbin & Gordon (Sol Neil Corbin and Nahum L. Gordon of counsel), for Savings Association League of New York State, amicus curiae.

Concur — GROAT, P. J., PINO and RINALDI, JJ.

MEMORANDUM.

Judgment unanimously reversed without costs and complaint dismissed.

In the absence of either an express or implied provision, plaintiffs are not entitled to interest or earnings on the moneys paid into the tax account pursuant to the mortgage agreement (Matter of Surrey Strathmore Corp. v Dollar Sav. Bank of N. Y., 36 N.Y.2d 173

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