Trustco Bank New York v. Higgins

Appeal from an order of the Supreme Court (Doran, J.), entered June 2, 1992 in Schenectady County, which denied plaintiff’s motion for summary judgment.

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…