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EREDICS v. CHASE MANHATTAN

186 Misc.2d 19 (2000)

715 N.Y.S.2d 609

RITA EREDICS, Also Known as RITA NICHOLAS, Plaintiff and Counterclaim Defendant, v. CHASE MANHATTAN BANK et al., Defendants and Cross-Claim Defendants, and DEMOS G. NICHOLAS, as Executor of NICK G. NICHOLAS, Deceased, Defendant, Counterclaim Plaintiff and Cross-Claim Plaintiff. CHASE MANHATTAN BANK, Interpleader Plaintiff, v. DEMOS G. NICHOLAS, as Executor of NICK G. NICHOLAS, Deceased, et al., Interpleader Defendants.

Supreme Court, Nassau County.

September 26, 2000.

Attorney(s) appearing for the Case

Jaspan Schlesinger & Hoffman, L. L. P., Garden City (Jules Haskel of counsel), for plaintiff.

Vincent F. Nicolosi, Bayside, for Flushing Savings Bank, defendant and cross-claim defendant.

Randall T. Sims, New York City, for estate of Nick G. Nicholas.

OPINION OF THE COURT

LEONARD B. AUSTIN, J.

In this case, the applicability of the long-standing rule enunciated in Matter of Totten (179 N.Y. 112 [1904]), which was codified in EPTL 7-5.2, has been called into question in the context of the estate of a divorced settlor/depositor who never revoked the Totten trust accounts he created during marriage which continued to run in favor of his former wife after their divorce and upon his death.

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