Legal Opinion

Ginty v. American Funds Service Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 30, 2014Published

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Work, J.), entered October 7, 2013 in Ulster County, which granted plaintiffs’ motion for summary judgment.

Plaintiffs, the sons of Francis Ginty (hereinafter decedent), commenced this action seeking to prevent defendant American Funds Service Company from disbursing funds in decedent’s *1453IRA to defendant Julia A. Ginty, decedent’s sister, on the ground that decedent’s signature on the form designating her as the beneficiary was a forgery and thus did not comply with EPTL 13-3.2 (e). After joinder of issue and discovery, Supreme Court found as a matter…

2Cases cited6 opinions

  1. Brock Enterprises, Ltd. v. Dunham's Bay Boat Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Decker v. SchildtAppellate Division of the Supreme Court of the State of New York · 2012
  3. Benamati v. McSkimmingAppellate Division of the Supreme Court of the State of New York · 2004
  4. State v. PassalacquaAppellate Division of the Supreme Court of the State of New York · 2005
  5. Ticor Title Guarantee Co. v. E.F.D. Capital Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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