Tierney v. Whitestone Savings & Loan Ass'n
Peter Tierney v. Whitestone Savings and Loan Association
Opinion of the Court
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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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(finding, where plaintiff alleged breach of a fiduciary duty for fading to provide interest accrued from an escrow account, that no such duty was imposed “absen[t] either an express or implied provision”)
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