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NY COMMUNITY BANK v. BANK AM

158084/17. 7539.

169 A.D.3d 35 (2019)

93 N.Y.S.3d 7

2019 NY Slip Op 00544

In the Matter of NEW YORK COMMUNITY BANK, Respondent, v. BANK OF AMERICA, N.A., Respondent, and ARI CHITRIK, Also Known as AARON CHITRIK PUREC, et al., Appellants.

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

Decided January 24, 2019.

Attorney(s) appearing for the Case

Heller, Horowitz & Feit, P.C., New York City ( Stuart A. Blander of counsel), for appellants.

Zeichner Ellman & Krause LLP, New York City ( David S.S. Hamilton and Stuart A. Krause of counsel), for respondent.

RENWICK, J.P., RICHTER, MANZANET-DANIELS and TOM, JJ., concur.

OPINION OF THE COURT

This appeal requires us to consider whether a presumption of joint tenancy with rights of survivorship in a safe deposit box also extends to its contents where only one of the persons who rented the box is a judgment debtor. Most of the jurisprudence concerning the statutory presumption of joint tenancy...

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