Lo Monaco v. Belfiore

— Judgment of the Supreme Court, Bronx County (Anita Florio, J.), which granted plaintiff’s motion for summary judgment against defendant Dollar Dry Dock Savings Bank ("Dollar”), unanimously reversed, on the law, the motion denied, without costs, and Supreme Court directed to issue an order directing defendant Dollar to hold the disputed funds as a stakeholder (CPLR 1006).

Defendant Teresa Belfiore gave plaintiff Salvatore Lo Monaco a power of attorney, pursuant to which Lo Monaco withdrew $20,000 from her savings account with defendant Dollar on December 5, 1988. Lo Monaco alleges the…