1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 84 A.D.2d
  5. 84 A.D.2d 464 (1982)
 

BREZINSKI v. BREZINSKI

84 A.D.2d 464 (1982)

Anna Brezinski, Appellant, v. Stella Brezinski et al., Individually and as Distributees of The Estate of Henry Brezinski, Deceased, et al., Respondents

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

January 29, 1982

Attorney(s) appearing for the Case

Anthony F. Shaheen (Kenneth Ray of counsel), for appellant.

Dominic J. Zito for respondents.

SIMONS, MOULE and SCHNEPP, JJ., concur with HANCOCK, JR., J.; DILLON, P. J., dissents in part, in a memorandum.

HANCOCK, JR., J.

We hold that in an action against representatives of a deceased tenant of joint savings accounts (see Banking Law, § 675), CPLR 4519 does not bar the surviving tenant from testifying concerning her intent in establishing the accounts so long as her testimony relates to the fact of that intent and not to any communications or transactions with the deceased tenant.

Plaintiff has sued...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases