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SCHOLZ v. COUNTY TRUST CO.

44 A.D.2d 56 (1974)

Patricia A. Scholz, Appellant, v. County Trust Company, Respondent

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

March 18, 1974.

Attorney(s) appearing for the Case

Present & Present (Sidney S. Rubin of counsel), for appellant.

Richard C. Thompson for respondent.

CHRIST and MUNDER, JJ., concur; MARTUSCELLO, Acting P. J., and BENJAMIN, J., dissent and vote to affirm.

SHAPIRO, J.

The Special Term denied the plaintiff's motion for summary judgment, without prejudice to renewal upon joinder of the administrator or executor of the estate of Michael De Leo. The motion should have been granted.

The plaintiff and the decedent Michael De Leo opened a savings account in the defendant bank. The signature card used to open the account stated that it was a "JOINT SAVINGS ACCOUNT...

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