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ESTATE OF SEYMOUR SCHNEIDERMAN, Deceased v. GERALD BARANDES, ESQ., And MERRILL LYNCH & Co., Inc.

ESTATE OF SEYMOUR SCHNEIDERMAN, Deceased v. GERALD BARANDES, ESQ., And MERRILL LYNCH & Co., Inc. (2010-0736/A) — At the call of the calendar in this declaratory judgment action transferred from Supreme Court (New York County), the court granted the summary judgment motion of Gerald Barandes, dismissing the amended petition of Sonia Schneiderman, decedent's surviving spouse and executor, and declaring Barandes the owner, as the surviving tenant, of the joint account at issue.

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ESTATE OF SEYMOUR SCHNEIDERMAN, Deceased v. GERALD BARANDES, ESQ., And MERRILL LYNCH & Co., Inc. (2010-0736/A) — At the call of the calendar in this declaratory judgment action transferred from Supreme Court (New York County), the court granted the summary judgment motion of Gerald Barandes, dismissing the amended petition of Sonia Schneiderman, decedent’s surviving spouse and executor, and declaring Barandes the owner, as the surviving tenant, of the joint account at issue.

For the reasons stated on the record, Barandes, who served as decedent Seymour Schneiderman’s long-time attorney, satisfied his heavy burden of demonstrating by clear proof that decedent had freely and voluntarily created and funded the account (see Radin v. Opperman, 64 Ad2d 820, 820 [4th Dept 1978]). In opposition, for the reasons placed on the record, Schneiderman failed to raise a triable issue of fact as to the two grounds on which she challenged the joint account-undue influence and constructive fraud.

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