ESTATE OF BUTTA


3 A.D.3d 347 (2004)

770 N.Y.S.2d 343

In the Matter of the Estate of HELEN BUTTA, Deceased. NICHOLAS PAGANI, Respondent; ROSARIO BUTTA, as Executor, Appellant.

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

January 13, 2004.


The testimony of a bank employee that the signature cards used by the bank when the subject account was opened contained right of survivorship language was, in the face of the bank's inability to produce the actual signature card for the account, sufficient proof that such language in fact appeared on the signature card with which the account was opened. It is therefore unnecessary to determine whether the presumption of a joint account with rights of survivorship (Banking...

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