ABATE v. BUSHWICK SAV. BANK


207 Misc. 372 (1955)

Dominick Abate, Plaintiff, v. Bushwick Savings Bank et al., Defendants.

City Court of the City of New York, Special Term, Kings County.

February 14, 1955.


Attorney(s) appearing for the Case

Cullen & Dykman for Bushwick Savings Bank, defendant.

Albert Hutton for Dime Savings Bank of Brooklyn, defendant.

Von Sothen, Aicher, Moffett & O'Hare for Hamburg Savings Bank, defendant.

Daniel F. Scanlon for plaintiff.


BERRY, J.

Each of the three defendants separately moves, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment dismissing the complaint against each moving defendant. The facts alleged in each cause of action are substantially the same.

Some years prior to September, 1948, one Mary Abate opened savings accounts with the respective defendants. In that month she changed them into joint...

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