NORTH FORK BANK v. PLECHNER


269 A.D.2d 509 (2000)

704 N.Y.S.2d 493

NORTH FORK BANK, Plaintiff, v. ROBERT M. PLECHNER, Appellant, and GREGORY PLECHNER et al., Respondents.

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

Decided February 22, 2000.


Ordered that the order and judgment is reversed, on the law, with costs, and the motion is denied.

The Supreme Court erred when it granted summary judgment to the defendants Gregory Plechner and Robert Plechner declaring them to be the owners of two bank accounts created by their father, the defendant Robert M. Plechner. Although the accounts were created in the names of the sons, questions of fact remain as to whether the father had the donative intent necessary...

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