HARRINGTON, BRENDA C. v. BRUNSON, MARY A.

I respectfully dissent. In my view, Supreme Court properly granted plaintiff’s motion for summary judgment. Therefore, I would affirm.

Specifically, I disagree with the majority on the issue whether the presumption under Banking Law § 675 applies. The majority, quoting Matter of Degnan (55 AD3d 1238, 1239 [2008]), concludes that the statutory presumption does not apply to the joint accounts in this case inasmuch as “ ‘the account documents do not contain the necessary survivorship language.’ ” It was conceded by defendant, however, that there is language on the upper left corner of both…