SCHWARTZ v. SCHWARTZ


81 Misc.2d 177 (1974)

Rene Schwartz, Plaintiff, v. Bertha Schwartz et al., Defendants.

Civil Court of the City of New York, New York County.

August 7, 1974


Attorney(s) appearing for the Case

Nathan Cooper for plaintiff. H. Jules Coburn for defendant.


FRITZ W. ALEXANDER, J.

This nonjury action, commenced during the lifetime of all three defendants, seeks to vindicate the rights of the plaintiff to certain funds previously on deposit in a joint bank account maintained in the name of plaintiff and Bertha Schwartz. During the pendency of the lawsuit, Bertha Schwartz died, and the action was discontinued against her.

The complaint alleges, and the evidence adduced establishes as the fact, that...

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