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SUTTON v. BANK OF NEW YORK

250 A.D.2d 447 (1998)

673 N.Y.S.2d 380

Carmen T. Sutton, Respondent, v. Bank of New York, Defendant, and Jean A. Corr, as Executrix of John D. Corr, Deceased, Appellant

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

May 14, 1998

Although we are empowered to make our own findings of fact respecting this matter, decided by trial term on the basis of the parties' submissions pursuant to the parties' stipulation (see, Abrahami v UPC Constr. Co., 224 A.D.2d 231, 233), we find no basis to disturb the court's finding that plaintiff had carried her burden of proving, and defendant had failed to rebut, that the accounts opened by decedent were joint accounts...

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