Brezinski v. Brezinski
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
We hold that in an action against representatives of a deceased tenant of joint savings accounts (see Banking Law, § 675), CPLR 4519 does not bar the surviving tenant *465from testifying concerning her intent in establishing the accounts so long as her testimony relates to the fact of that intent and not to any communications or transactions with the deceased tenant.
Plaintiff has sued her daughter-in-law and two grandsons to recover the entire proceeds of certain joint savings accounts which she had maintained with her son, Henry, for several years prior to his…
2Cases cited8 opinions
- Clift v. . MosesNew York Court of Appeals · 1889
- People v. LevanNew York Court of Appeals · 1945
- In re the Estate of CamardaAppellate Division of the Supreme Court of the State of New York · 1978
- In Re the Estate of AnnaNew York Court of Appeals · 1928
- Noonan v. . LutherNew York Court of Appeals · 1912
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3Cited by10 opinions
- Acevedo v. Audubon Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Brezinski v. BrezinskiAppellate Division of the Supreme Court of the State of New York · 1983
- Miller v. Lu-WhitneyAppellate Division of the Supreme Court of the State of New York · 2009
- Travers v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
- In re BarabashAppellate Division of the Supreme Court of the State of New York · 2011
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