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Myers v. L M Developers

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1043 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Supreme Court, Oneida County, Shaheen, J.

Present — Dillon, P.J., Boomer, Green, Balio and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed as against defendant Oneida Savings Bank. Memorandum: The complaint fails to state a cause of action against defendant Oneida Savings Bank. The Bank had no duty to plaintiffs to assure that a certificate of occupancy was properly issued. The provision in the mortgage commitment requiring receipt of a certificate of occupancy before closing was for the protection of the mortgagor bank and not for the benefit of plaintiffs.


Summaries of

Myers v. L M Developers

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1043 (N.Y. App. Div. 1991)
Case details for

Myers v. L M Developers

Case Details

Full title:JAMES MYERS et al., Respondents, v. L M DEVELOPERS et al., Defendants, and…

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

Date published: Apr 26, 1991

Citations

172 A.D.2d 1043 (N.Y. App. Div. 1991)
569 N.Y.S.2d 548