Sherman v. Georgopoulos
Cases that cite this one
4 later published cases cite this decision.
- Wacikowski v. Wacikowski (Appellate Division of the Supreme Court of New York 1983)
- Dowling Textile Manufacturing Co. v. Land (Appellate Division of the Supreme Court of New York 1992)
- Viggiano v. Viggiano (Appellate Division of the Supreme Court of New York 1988)
- In re the Estate of Friedman (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for fraud, misrepresentation, conversion, and moneys had and received, defendant appeals from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), entered December 9, 1980, which, after a nonjury trial, awarded the plaintiff the principal sum of $27,200. Judgment reversed, on the law, and new trial granted, with costs to abide the event. No findings of fact have been considered. The instant action concerns a dispute as to funds which had been deposited in a joint bank account in the name of the parties. Since the plaintiff sought to rebut the presumption that the joint bank account created a joint tenancy as to the funds deposited (see Banking Law, §675; Matter of Kleinberg v Heller, 38 NY2d 836), the burden was upon her to introduce “direct proof to rebut the presumption that a valid joint tenancy had been intended and created [and/or] * * * substantial circumstantial proof sufficient to support an inference that the joint account had been opened for convenience only” (see Matter of Murphy, 23 AD2d 866, 867). Inasmuch as the trial court erroneously assigned the burden of proof to the defendant, a new trial is required. Hopkins, J. P., Mangano, Rabin and Cohalan, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.