ESTATE OF FRANCES ASCH, Deceased

ESTATE OF FRANCES ASCH, Deceased (13/217/A) — The within discovery proceeding relates to four bank accounts owned by the decedent that were converted to joint accounts prior to her death. In a September 14, 2016 decision, the Court denied motions for summary judgment as to a Charles Schwab account, finding the existence of an issue of fact as to the decedent's mental capacity on the date the account status was changed. The Court denied respondent's cross motion for summary judgment as to a TD Bank account and Hudson City account because no documentary proof was submitted to support the contention that joint accounts with rights of survivorship pursuant to Banking Law §675 were created. Lastly, the Court denied respondent's motion as to an Oritani bank account, finding that this is a dispute between living parties because the account was held jointly by petitioner, respondent and the decedent, and the proceeds of the account were transferred prior to the decedent's death.

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ESTATE OF FRANCES ASCH, Deceased (13/217/A) — The within discovery proceeding relates to four bank accounts owned by the decedent that were converted to joint accounts prior to her death. In a September 14, 2016 decision, the Court denied motions for summary judgment as to a Charles Schwab account, finding the existence of an issue of fact as to the decedent’s mental capacity on the date the account status was changed. The Court denied respondent’s cross motion for summary judgment as to a TD Bank account and Hudson City account because no documentary proof was submitted to support the contention that joint accounts with rights of survivorship pursuant to Banking Law §675 were created. Lastly, the Court denied respondent’s motion as to an Oritani bank account, finding that this is a dispute between living parties because the account was held jointly by petitioner, respondent and the decedent, and the proceeds of the account were transferred prior to the decedent’s death.

Respondent, Audrey L. Silverstein has moved this Court, pursuant to CPLR §2221 (d), for leave to reargue her cross motion for summary judgment as to the four bank accounts at issue in this turnover proceeding.

ESTATE OF FRANCES ASCH, Deceased

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