Tierney v. Whitestone Savings & Loan Ass'n

83 Misc. 2d 855, 373 N.Y.S.2d 724, 1975 N.Y. Misc. LEXIS 2999

• Court: Appellate Terms of the Supreme Court of New York
• Decided: June 9, 1975
• Status: Published

Opinion

Memorandum. Judgment unanimously reversed without costs and complaint dismissed.

In the absence of either an express or implied provision, plaintiffs are not entitled to interest or earnings on the moneys paid into the tax account pursuant to the mortgage agreement (Matter of Surrey Strathmore Corp. v Dollar Sav. Bank of N. Y., 36 NY2d 173).

Concur — Groat, P. J., Pino and Rinaldi, JJ.