BECKER v. EMPIRE OF AM. FED. SAV. BANK


155 A.D.2d 923 (1989)

Matthew J. Becker et al., Appellants-Respondents, v. Empire of America Federal Savings Bank et al., Respondents-Appellants, and Anchor Savings Bank, F.S.B., et al., Respondents

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

November 15, 1989


Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum:

The court erred in granting plaintiffs' motion for class certification of a plaintiffs' class, pursuant to CPLR 902, for the cause of action seeking statutory interest on escrow accounts for the period between discharge of mortgages and payment of the account balance to the mortgagors. That motion was made in response to defendants' motion to...

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