Olko v. Citibank, N.A.

I respectfully dissent as I would reverse and direct a new trial in the belief that defendant Citibank did not receive a fair trial due to the cumulative effect of various errors committed by the judicial hearing officer who presided over the trial.

On May 15, 1987, plaintiffs mother, Janina Tobolka, opened a certificate of deposit with defendant in her name jointly with plaintiff; the amount of the certificate was $127,000 and its maturity date was May 16, 1988. At the time, Mrs. Tobolka was living in a fifth floor bedroom of the townhouse in Manhattan that plaintiff and her husband owned.…