Merrill Lynch, Pierce Fenner & Smith Inc. v. Sohmer

3 Citing cases

  1. Edelson v. Cheung

    20-MC-1995 (ARR)(SJB) (E.D.N.Y. Mar. 1, 2023)

    Cf. Fragetti, 692 N.Y.S.2d at 443 (finding the presumption rebutted where, inter alia, the parents of the defendant debtor were “the sole source of the funds in the joint accounts, the interest earned on the account was reported under the parents' Social Security numbers and not the defendant's, . . . and the defendant made no deposits or withdrawals on her own behalf”); see also Merrill Lynch, Pierce Fenner & Smith Inc. v. Sohmer, 16-cv-1856 (MKB), 2019 WL 1441126, at *8 (E.D.N.Y. March 29, 2019) (collecting cases in which the presumption was rebutted where a purported co-tenant did not withdraw or deposit funds).

  2. Mamakos v. United Airlines, Inc.

    14-CV-7294(JS)(AKT) (E.D.N.Y. Sep. 29, 2021)

    Thus, counsel's affirmation, which was not based on the personal knowledge and was unsupported by any citation to evidence, has no probative value. See, e.g., Merrill Lynch, Pierce Fenner & Smith Inc. v. Sohmer, No. 16-CV-1856, 2019 WL 1441126, at *9 n.19 (E.D.N.Y. Mar. 29, 2019) (finding party inappropriately relied upon an attorney's declaration to create a disputed issue of fact and noting that “[a]lthough an attorney's affidavit can be used, in connection with a summary judgment motion, to place documents produced in discovery before the [c]ourt, an attorney's declaration containing factual allegations not based on personal knowledge does not carry any weight” (alteration in original; internal quotation marks and citation omitted)). As Plaintiff's objections regarding abandonment of the refund claim are without basis, they are rejected and overruled.

  3. Wojcik v. Palmisano (In re Wojcik)

    2024 N.Y. Slip Op. 51710 (N.Y. Surr. Ct. 2024)

    As noted by Petitioner, the key factor is the intention of the creator of the account at the time the account is created. Stalter, supra, at 596; Merrill Lynch, Pierce Fenner & Smith Incorporated v. Sohmer, 2019 WL 1441126 at 8 (EDNY, 2019) (internal citation omitted). Here, the creation of the account at issue occurred more than 40 years before Decedent's passing.