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MATTER OF POLTORAK

39 A.D.2d 599 (1972)

In the Matter of The Estate of Aniela Poltorak, Deceased. John S. Zachary, as Executor of Aneila Poltorak, Deceased, Respondent. Joseph Poltorak, Appellant

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

April 17, 1972

Affirmed, with costs.

In our opinion, though neither fraud nor undue influence nor the illness of the decedent at the time of the creation of the joint savings account were proved, sufficient evidence was received to sustain the Surrogate's finding that the account was created by the decedent only for the purpose of enabling the appellant to use the funds on behalf of the decedent (Banking Law, § 675, subd. [b]).

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