SCHWARTZ v. SCHWARTZ


82 Misc.2d 51 (1975)

Rene Schwartz, Respondent, v. David Schwartz et al., Appellants.

Supreme Court, Appellate Term, First Department.

February 24, 1975


Attorney(s) appearing for the Case

Max E. Greenberg, Trayman, Harris, Cantor, Reiss & Blasky (Julius L. Schapira of counsel), for appellants. Bernard I. Strauss (Nathan Cooper of counsel), for respondent.

DUDLEY, J. P., and HUGHES, J., concur in Per Curiam opinion; FINE, J., dissents in memorandum.


Per Curiam.

The instant action was brought to recover moneys wrongfully withdrawn from a joint bank account. In 1955, plaintiff Rene Schwartz and her mother, Mrs. Bertha Schwartz, opened the account with a deposit of $9,000, obtained by cashing United States Savings Bonds held in their joint names. The account remained relatively inactive until November 1968 when Mrs. Schwartz, who was in failing health and about...

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