FLORIO v. FLORIO


19 A.D.2d 526 (1963)

Mary Florio, Appellant, v. Nicholas Florio, Respondent

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

May 21, 1963


Order, entered January 14, 1963, denying plaintiff wife's motion for summary judgment in action to recover certain moneys withdrawn from joint accounts in savings banks and savings and loan associations, and from a joint safe-deposit box, unanimously affirmed, without costs to either party.

While it is clear enough that a presumption exists in favor of the wife as to the rights created by the joint deposits, such presumption is generally rebuttable (Marrow v. Moskowitz...

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