TIERNEY v. WHITESTONE SAV

Supreme Court, Appellate Term, Second Department.

Jun 9, 1975

Judgment

CaseIQ

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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 N.Y.2d 173).

Concur — GROAT, P.J., PINO and RINALDI, JJ.