FREEMAN v. NBT BANK

504402.

2008 NY Slip Op 06254

ANNE M. FREEMAN, as Administrator of the Estate of CHARLES H. TOWNSEND, Deceased, Respondent, v. NBT BANK, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 10, 2008.


Attorney(s) appearing for the Case

Hinman, Howard & Kattell, L.L.P., Binghamton (Paul T. Sheppard of counsel), for appellant.

Law Office of Paul M. Callahan, Duanesburg (Paul M. Callahan of counsel), for respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.


MEMORANDUM AND ORDER

KAVANAGH, J.

In June 1987, decedent opened a checking account at Central National Bank. On the signature card, decedent indicated that no right of survivorship was intended on the account. Thereafter, Central National Bank merged with defendant and, in December 2001, decedent added his sister, Jessie Tilison, as a signatory on the account. Decedent died in February 2003 and, two weeks later, Tilison withdrew all of the funds that remained...

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