Cianciulli v. Smyth

OPINION OF THE COURT

Leon Ruchelsman, J.

The plaintiff has moved pursuant to CPLR 3212 for summary judgment on the causes of action which he has alleged in his complaint against defendants. The defendants have op*263posed the motion and papers were submitted by both parties. After reviewing the arguments of all parties this court now makes the following determination.

Background

Prior to July 4, 1996 Helen Schiliro maintained a savings bank account at Republic National Bank in trust for the plaintiff, her nephew, Lawrence Cianciulli. On July 4, Ms. Schiliro spoke with the defendant her niece, Susan…