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TELARO v. TELARO

25 N.Y.2d 433 (1969)

Dorothy Telaro, Appellant, v. Rudolph Telaro, Respondent.

Court of Appeals of the State of New York.

Decided December 4, 1969.

Attorney(s) appearing for the Case

Leonard C. Shalleck, Irving I. Erdheim and Milton P. Falk for appellant.

Morris H. Halpern and Abraham J. Heller for respondent.

Judges BURKE, SCILEPPI and JASEN concur with Judge BREITEL; Judge BERGAN dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge GIBSON concur.

BREITEL, J.

This appeal involves an action by a wife to recover, inter alia, one half of some $24,800 withdrawn by her husband, defendant-respondent, from a brokerage account held at that time in the names of both spouses. Prior to the instant action, and some two weeks after the withdrawal in question, the wife had brought an action for separation against her husband. The dispositive issue on this appeal...

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