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EIGHTWAY CORP v. DIME SAV BK

94 Misc.2d 274 (1978)

Eightway Corporation, Plaintiff, v. Dime Savings Bank of Williamsburgh et al., Defendants.

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

April 26, 1978

Attorney(s) appearing for the Case

Richard Creditor for plaintiff. Flood, Conway, Walsh, Stahl & Farrell, P.C. (Patrick E. Curtin of counsel), for Dime Savings Bank of Williamsburgh, defendant. William J. Williams for V. Ponte & Sons, Inc., defendant.

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...

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