TRUSTCO BANK NEW YORK v. HIGGINS


191 A.D.2d 788 (1993)

594 N.Y.S.2d 394

Trustco Bank New York, Formerly Known as Schenectady Trust Company, Appellant, v. Thomas P. Higgins et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 4, 1993


Mikoll, J.

Plaintiff sued defendants in conversion and sought summary judgment seeking $9,883.12 from each defendant for overpayments which were made in error to them. The affidavit of plaintiff's trust operations manager, Lyda La Mont, was supplied in support of the motion. La Mont averred that the sums sought to be recovered were erroneously paid out by plaintiff to defendants as beneficiaries of the Frank Higgins trust. La Mont also stated that plaintiff...

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