Jamaica Savings Bank v. Lefkowitz

WHITMAN KNAPP, District Judge

(concurring).

I concur completely in the majority opinion except insofar as it suggests — in the opening paragraphs of Part II — that there is “no contract” with respect to the payment or non-payment of interest for the use of the escrow funds. Believing that the mortgage contracts between the homeowners and the banks necessarily comprehend the entire understanding between the parties — which must include the payment or non-payment of interest — I concur on the alternative ground set forth at the end of Part II.