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EIGHTWAY CORP v. DIME SAV

99 Misc.2d 989 (1979)

Eightway Corporation, Respondent, v. Dime Savings Bank of Williamsburgh, Defendant, and V. Ponte & Sons, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

May 22, 1979

Attorney(s) appearing for the Case

William J. Williams for appellant. Richard M. Creditor for respondent.

Concur: PINO, P. J., BUSCHMANN and WEINSTEIN, JJ.

MEMORANDUM.

Judgment of the court below (94 Misc.2d 274) unanimously affirmed, without costs.

Plaintiff's predecessor in title executed a mortgage consolidation agreement with the defendant bank containing provisions requiring the mortgagor to deposit moneys in escrow with the bank which were to be applied to monthly real estate taxes and other assessments. Said mortgage was assumed by plaintiff. Plaintiff subsequently...

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