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LOEB v. DRY DOCK SAV. BANK

4 A.D.2d 190 (1957)

Richard Loeb, Respondent, v. Dry Dock Savings Bank, Respondent, and Lena Loeb, Appellant

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

June 25, 1957.

Attorney(s) appearing for the Case

Bernard Meyerson of counsel (Dreyer & Beldock, attorneys), for appellant.

Marvin L. Levitt of counsel (Isidor Enselman with him on the brief; Richard Loeb, attorney, in person), for Richard Loeb, respondent.

PECK, P. J., and BREITEL, J., concur with FRANK, J.; VALENTE, J., dissents and votes to reverse and dismiss the complaint in opinion, in which BOTEIN, J., concurs.

FRANK, J.

This is an appeal from a final judgment after a trial without a jury, which determined that the plaintiff, the husband of the defendant, was the sole owner of certain personal property including funds in a jointly held bank account.

While a presumption of joint ownership is created by the Banking Law (§ 239, subd. 3), it is rebuttable prior to the death of either of the named depositors (Marrow v. Moskowitz, 255 N.Y. 219...

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