Chewanlvou, Chervanyou, supra, citing Household Finance Corp. v

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SHORT FORM ORDER
SUPREME COURT - STATE OF NEW YORK
NASSAU COUNTY
Part 42
Trial/IAS:
17932100
Index No.:
517102
Motion Date:
Motion Sea. No.: 002
Present:
Honorable Jerald S. Carter
__
In the Matter of Supplementary Proceedings,
Hurley State Bank,
Petitioner and Judgment Creditor,
-againstCSF Bank, Jose R. Velez and Zaida D-es Reyes,
Respondents.
The following papers were read in connection with this motion:
1
Notice of Petition and Petition w/exhibits
Petitioner/Judgment Creditor’s application pursuant to CPLR $5225(b) for a judgment directing
Respondent, CSF Bank, as garnishee to pay out monies deposited on account with the bank in partial
satisfaction of the judgment entered in favor of Petitioner and against the judgment debtor, is granted.
Pursuant to Banking Law $675(a) a bank account opened in the name of a depositor and another
person and in the form to be paid to either or the survivor is recognized as a joint bank account wherein the
individuals named on the account are joint tenants to the property and the bank is authorized to pay out the
proceeds of said account to either of the persons named.
Two rebuttable presumptions flow from the
establishment of such accounts; one, each tenant is said to be possessed of the whole account; and two, each
tenant is entitled to half the account. Banking Law
5675,Mendel v. Chervanyou, 147 Misc.2d 1056 (New
York City Civil Ct., Kings County, 1990). The judgment creditor bears the burden of proof to overcome the
presumption that each tenant is entitled to one half of the account.
Finance Corp. v. Rochester Community Savings Bank
Chervanyou, supra, citing Household
, 143 Misc. 2d 426,440,541 NYS2d 160.
A
noniudmnent debtor ’s failure to appear in the action will not. without presentment of additional evidence,
overcome the presumption. Chewanlvou, sum-a. Petitioner has not provided the Court with any evidence
indicating that the second person named on the account is not entitled to one half of the money in the account
and the presumption survives.
Hurley Bank v. CSF Bank
Index No. 17932100
Accordingly, CHASE MANHATTAN BANK, the Respondent, is directed to turn over to the
Petitioner up to one-half of the money on deposit in the accounts in the name of ROSE WEISSBERGER and
WILLIAM B. WAYNE (8 11109 1850; 29464234430 I), necessary to satisfy or partially satisfy the judgment
entered against the judgment debtor in the amount of
$186,759.39, together with any interest due thereon
from December 3 1, 199 1 .
This determination constitutes the Decision, Order and Judgment of the Court.
Dated: Mineola, NY
June 21,2002
ENTER,
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