BROWN v. EMPIRE CITY SAV. BANK


23 Misc.2d 1094 (1960)

Charles Brown, Plaintiff, v. Empire City Savings Bank, Defendant.

Supreme Court, Special Term, New York County.

March 21, 1960.


Attorney(s) appearing for the Case

Louis B. Brodsky for plaintiff. Thacher, Proffitt, Prizer, Crawley & Wood for defendant.


THOMAS A. AURELIO, J.

Plaintiff moves for summary judgment. Defendant resists the payment of the balance to the credit of the account in issue unless plaintiff surrenders the passbook or furnishes a bond in lieu thereof. The account was established by the deceased in trust for the plaintiff. The depositor died on July 6, 1959. Plaintiff, it is said, is the sole legatee under the last will and testament of the...

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