Hucko v. Apple Bank for Savings

—Order, Supreme Court, New York *40County (Carol E. Huff, J.), entered September 30, 1993, to the extent that it denied defendant’s cross motion for summary judgment, reversed, on the law, the cross motion is granted and the complaint is dismissed, without costs.

Plaintiff was the beneficiary of two Totten trust accounts, in the form of certificates of deposit (CD), established by the decedent at defendant bank. The ailing decedent discussed with defendant on the telephone how she might change the beneficiary of these trust accounts, without penalty, and defendant thereupon mailed decedent a…