BRUCKER v. DIME SAV. BANK OF NEW YORK


225 A.D.2d 318 (1996)

639 N.Y.S.2d 13

Edward Brucker, Appellant, v. Dime Savings Bank of New York, FSB, Respondent

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

March 5, 1996


The following facts were adduced at trial. Plaintiff, who had opened an IRA account with the defendant bank on December 12, 1976, spoke to a bank representative in August of 1982, after having reached the age of seventy and one-half, at which time distribution of the account had to begin, about a ten-year payout of his account balance. He was offered the choice of a 16-year, 10-year or 8-year plan, each with a different, constant monthly payment. Plaintiff chose the 10-year...

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