Opinion
February 25, 1952.
Action by the committee of an incompetent person against a savings bank to recover the sum of $4,572.08, with interest, which sum with such interest represents the balance of a certain account maintained at the bank in the joint names of the incompetent and Margaret M. Close, in which action the latter has been joined as a defendant. The appeal is by plaintiff from an order denying his motion for summary judgment pursuant to rule 113 of the Rules of Civil Practice. Order affirmed, without costs. No opinion. Nolan, P.J., Carswell, Wenzel, MacCrate and Schmidt, JJ., concur.