Korton v. Fie

OPINION OF THE COURT

Daniel F. Luciano, J.

In this action brought for a declaratory judgment determining the rights of the plaintiff and of the individual defendants to the proceeds of Totten trust accounts, the plaintiff has moved for summary judgment. The defendants have asked that summary judgment be granted in their favor. (See, CPLR 3212 [b].)

The facts are not in dispute. The plaintiff is the son of the decedent, Pearl Korton. Prior to her death the decedent established four “Totten Trust” accounts designating the plaintiff as the beneficiary. The undisputed allegations of paragraphs “7”…