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PACHECO v. HEUSSLER

56 A.D.2d 85 (1977)

Guillermo Pacheco et al., Respondents, v. J. Morgan Heussler et al., Defendants, and Erie County Savings Bank, Appellant. (Appeal No. 1.) Guillermo Pacheco et al., Appellants, v. J. Morgan Heussler et al., Respondents. (Appeal No. 2.)

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

January 21, 1977

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Courtland LaValle of counsel), for Erie County Savings Bank, appellant and respondent.

Irwin E. Ginsberg for Guillermo Pacheco and another, respondents and appellants.

O'Shea, Adamson, Reynolds & Napier (C. DeForrest Cummings of counsel), for J. Morgan Heussler and others, respondents.

MARSH, P. J., MOULE, DILLON and GOLDMAN, JJ., concur.

CARDAMONE, J.

This is an appeal from a judgment which awarded plaintiffs, Guillermo and Andrea Pacheco, $47,158.75 based upon a jury verdict for damages arising from an uninsured fire loss on premises mortgaged to the bank on which the bank had collected insurance premium escrow payments. The principal question presented is whether a bank, with an option to pay these insurance premiums, may be held in damages...

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