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VIGGIANO v. VIGGIANO

136 A.D.2d 630 (1988)

Judith Viggiano, Respondent, v. Joseph Viggiano, Appellant, and Anna B. Viggiano, Nonparty Appellant

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

January 19, 1988

Ordered that the order is reversed, on the law and the facts and in the exercise of discretion, with costs, and the motion is granted; and it is further,

Ordered that the plaintiff shall pay to the Sheriff of Nassau County his levy fee as provided in CPLR 8011 (b) (2), and poundage as provided in CPLR 8012 (b) (1).

The opening of a joint bank account creates a rebuttable presumption that each named tenant is possessed of the whole of the account so as to make...

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