TORRES v. MARINE MIDLAND BANK


267 A.D.2d 63 (1999)

699 N.Y.S.2d 394

ERICK N. TORRES, Appellant, v. MARINE MIDLAND BANK, Respondent.

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

Decided December 9, 1999.


The motion court properly found that the handwritten provision in the 1982 compromise order, directing that monies received on the infant plaintiff's behalf be deposited into a specific money market account at defendant bank, took precedence over the order's typewritten directive to the effect that the subject funds were to be deposited into the bank's "highest interest bearing" account. This being the case plaintiff's damages were properly limited to the amount of interest...

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