Mitchiner v. Bowery Savings Bank

Order entered October 8, 1968, denying plaintiff’s motion for summary judgment is reversed on the law, without costs or disbursements, and summary judgment is granted to plaintiff for $9,687.85, .the amount of the balance in the subject savings account with defendant Bowery Savings Bank, plus accrued interest, without costs or disbursements. The submitted uncontradicted proof shows that the account was opened by plaintiff’s brother in 1934, and transferred in 1942 to a joint account with plaintiff, payable to either or the survivor; further, that plaintiff’s brother and defendant Clarice…