Opinion · New York Court of Appeals
Kleinberg v. Heller
Kleinberg v. Heller, 38 N.Y.2d 836 (New York Court of Appeals 1976)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1976-01-08
- Topic
- general
How later courts describe this case
- stating that "a cotenant may not withdraw from the account in excess of his interest; if he has done so, he is liable to the other joint tenant for the excess so withdrawn" (quotation and citation omitted)
- concurring opinion of Fuchsberg, J.
Citator
UpLaw has not yet analyzed Kleinberg v. Heller. The absence of a flag is not a finding that it is good law.
- Cited by
- 67 opinions
Order reversed, with costs, on the opinion by Surrogate Bertram R Gelfand, and matter remitted to the Appellate Division, First Department, for review of the facts (CPLR 5613).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg concurs in the following opinion.