Gornicki v. M&T Bank

OPINION OF THE COURT

Joseph D. Mintz, J.

Plaintiff moves for summary judgment and defendant cross-moves for summary judgment in this action for the recovery of funds paid by defendant to Robert Hochadel, Jr. The following facts are not in dispute:

*472Plaintiff opened a checking account at the Military Road branch of defendant bank. On December 2, 1992, plaintiff executed a power of attorney in favor of Mr. Hochadel at the same Military Road branch. On January 5, 1994, at 9:14 a.m., plaintiff appeared at the Military Road branch for the purpose of revoking the power of attorney. She met with Beverly…