Matter of Troy Sav. Bank v. Citicorp Mortgage

Full title: In the Matter of TROY SAVINGS BANK, Respondent, v. CITICORP MORTGAGE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 9, 1993

199 A.D.2d 677 (N.Y. App. Div. 1993)

605 N.Y.S.2d 973

Opinion

December 9, 1993

Appeal from the Supreme Court, Rensselaer County (Spain, J.).

White, J.

We concur with Supreme Court that this situation is factually and legally indistinguishable from Moke Realty Corp. v Whitestone Sav. Loan Assn. ( 41 N.Y.2d 954) (see also, Whitestone Sav. Loan Assn. v Allstate Ins. Co., 28 N.Y.2d 332; Sportsmen's Park v New York Prop. Ins. Underwriting Assn., 97 A.D.2d 893, affd 63 N.Y.2d 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.