PINASCO v. ARA


219 A.D.2d 540 (1995)

631 N.Y.S.2d 346

Delfo A. Pinasco, Respondent-Appellant, v. Maria Del Pilar Ara, Appellant-Respondent, and Merrill Lynch Pierce Fenner & Smith, Inc., Respondent-Appellant

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

September 26, 1995


The trial court properly determined that the plaintiff is entitled to judgment against defendant Ara for her $40,000 withdrawal, without plaintiff's consent, from the Joint Account which was, when opened, denominated in the name of the plaintiff and defendant Ara, as joint tenants with the right of survivorship. Here, the record reveals that the plaintiff successfully rebutted the presumption of a true joint tenancy in the account established by Banking Law § 675. Although...

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