Troy Savings Bank v. Citicorp Mortgage, Inc.

Appellate Division of the Supreme Court of New York

Troy Savings Bank v. Citicorp Mortgage, Inc.

199 A.D.2d 677, 605 N.Y.S.2d 973, 1993 N.Y. App. Div. LEXIS 11788

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 9, 1993

StatusPublished

This text of 199 A.D.2d 677 (Troy Savings Bank v. Citicorp Mortgage, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Troy Savings Bank v. Citicorp Mortgage, Inc., 199 A.D.2d 677, 605 N.Y.S.2d 973, 1993 N.Y. App. Div. LEXIS 11788 (N.Y. Ct. App. 1993).

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Opinion

White, J.

[678]*678Appeal from an order and judgment of the Supreme Court (Spain, J.), entered September 11, 1992 in Rensselaer County, which granted petitioner’s application, in a proceeding pursuant to CPLR 5225 (b), to direct respondent to turn over certain moneys to petitioner.

We concur with Supreme Court that this situation is factually and legally indistinguishable from Moke Realty Corp. v Whitestone Sav. & Loan Assn. (41 NY2d 954) (see also, Whitestone Sav. & Loan Assn. v Allstate Ins. Co., 28 NY2d 332; Sportsmen’s Park v New York Prop. Ins. Underwriting Assn., 97 AD2d 893, affd 63 NY2d 998). Accordingly, the order and judgment should be affirmed.

Weiss, P. J., Mercure and Crew III, JJ., concur. Ordered that the order and judgment is affirmed, without costs.

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White, J.

[678]*678Appeal from an order and judgment of the Supreme Court (Spain, J.), entered September 11, 1992 in Rensselaer County, which granted petitioner’s application, in a proceeding pursuant to CPLR 5225 (b), to direct respondent to turn over certain moneys to petitioner.

We concur with Supreme Court that this situation is factually and legally indistinguishable from Moke Realty Corp. v Whitestone Sav. & Loan Assn. (41 NY2d 954) (see also, Whitestone Sav. & Loan Assn. v Allstate Ins. Co., 28 NY2d 332; Sportsmen’s Park v New York Prop. Ins. Underwriting Assn., 97 AD2d 893, affd 63 NY2d 998). Accordingly, the order and judgment should be affirmed.

Weiss, P. J., Mercure and Crew III, JJ., concur. Ordered that the order and judgment is affirmed, without costs.

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Bluebook (online)

199 A.D.2d 677, 605 N.Y.S.2d 973, 1993 N.Y. App. Div. LEXIS 11788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/troy-savings-bank-v-citicorp-mortgage-inc-nyappdiv-1993.

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