Legal Opinion

In re Yaros

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2011PublishedCited by 4 opinions

1Opinion of the Court

*1064In general, the deposit of funds into a joint account constitutes prima facie evidence of an intent to create a joint tenancy (see Banking Law § 675; Jacks v D'Ambrosio, 69 AD3d 574, 574 [2010]; Matter of Dubin, 54 AD3d 947, 949 [2008]; Matter of Richichi, 38 AD3d 558, 559 [2007]; Matter of Fayo, 7 AD3d 795, 796 [2004]). The statutory presumption created by Banking Law § 675, however, can be rebutted “by providing direct proof that no joint tenancy was intended or substantial circumstantial proof that the joint account had been opened for convenience only” (Matter of Richichi, 38 AD3d at 559…

2Cases cited9 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. In re the Estate of CamardaAppellate Division of the Supreme Court of the State of New York · 1978
  3. Wacikowski v. WacikowskiAppellate Division of the Supreme Court of the State of New York · 1983
  4. In re the Estate of CorcoranAppellate Division of the Supreme Court of the State of New York · 2009
  5. In re the Estate of RichichiAppellate Division of the Supreme Court of the State of New York · 2007

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. HARRINGTON, BRENDA C. v. BRUNSON, MARY A.Appellate Division of the Supreme Court of the State of New York · 2015
  2. HARRINGTON, BRENDA C. v. BRUNSON, MARY A.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Kai Hong Hom v. HomAppellate Division of the Supreme Court of the State of New York · 2012
  4. Kai Hong Hom v. HomAppellate Division of the Supreme Court of the State of New York · 2012

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