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VILL. SAV. BANK v. CAPLAN

87 A.D.2d 145 (1982)

Village Savings Bank, Respondent, v. Maria B. Caplan et al., Appellants

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

June 7, 1982

Attorney(s) appearing for the Case

Public Citizen Litigation Group (Alan B. Morrison of counsel) and Golenbock & Barrell (Michael C. Silberberg and Geri S. Krauss of counsel), for appellants (one brief).

Taylor, McCullough, Geoghegan & Friedman (James Staudt of counsel), for respondent.

Leopold S. Rassnick for Savings Banks Association of New York State, amicus curiae.

DAMIANI, J. P., MANGANO and BROWN, JJ., concur.

LAZER, J.

The issue in this mortgage foreclosure action is the mortgagee's right to establish a "fully accrued" system of collecting tax escrow payments under which either the required tax reserve or the monthly escrow payments — or both — may be well in excess of the sums required under a system keyed to the monthly collection of one twelfth of the annual real estate taxes. On the facts before...

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