Russello v. Highland National Bank

Order, Supreme Court, New York County, entered June 24, 1974, granting defendant bank’s cross motion for summary judgment dismissing the complaint, and denying plaintiff’s motion to amend the complaint, is unanimously affirmed, without costs and without disbursements. Plaintiff, executor of the estate of a deceased checking account customer of the defendant bank, sues essentially for the balance of the account as it stood at the date of decedent’s death. Taking the case at its most favorable to plaintiff: Two days after decedent died in Florida, but before defendant bank knew of that death,…