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MATTER OF MULLEN

268 A.D.2d 313 (2000)

702 N.Y.S.2d 35

In the Matter of the Estate of ELIZABETH MULLEN, Deceased. MARJORIE MULLEN, as Successor Executor of ELIZABETH MULLEN, Deceased, Appellant-Respondent, v. GERALD LINNANE, Respondent-Appellant. MARJORIE MULLEN, as Successor Executor of ELIZABETH MULLEN, Deceased, Respondent, v. GERALD LINNANE, Appellant.

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

Decided January 18, 2000.

The facts underlying this turnover proceeding were described in our prior decision Matter of Mullen v Linnane (218 A.D.2d 50), in which we found that the joint accounts in question were true joint accounts and, by reason of that finding, vacated the Surrogate's decree finding to the contrary and remanded for a determination of the parties' respective interests in the accounts. In our prior decision, we noted that a joint tenant obtains...

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