New York Partner Obtains Defense Verdict for Credit Union Client

New York City Partner Brian S. Gitnik obtained a defense verdict on behalf of our credit union client following a four-day jury trial involving a dispute over a decedent’s account proceeds as between a joint account holder and beneficiary in the Steuben County Courthouse.

In this suit, Plaintiff was a relative, joint account holder and beneficiary of a decedent who was a member of our credit union client. Plaintiff met with one of our client’s credit union employees after the decedent passed away to discuss the decedent’s accounts, and later claimed she was given incorrect or incomplete information from our client’s employee. As a result of receiving allegedly inaccurate information, Plaintiff claims to have mistakenly believed that she was obligated to issue a cashier’s check in the amount of more than $200,000 to another family member. After the family member refused to return the check, Plaintiff filed suit against our client.

At trial, Brian Gitnik asserted that Plaintiff understood that the money belonged to her as the joint account holder, as properly advised by our credit union client’s employee, and that the cashier’s check was a voluntary gift to the family member. Our defense argued that Plaintiff simply reconsidered gifting the check two weeks after giving the check to the family member. Plaintiff argued that our client’s employee confused her during their meeting with talk of joint account owners, co-beneficiaries, rights of survivorship and Totten Trusts. While all of these topics were discussed during Plaintiff’s visit to the credit union, our defense witness testified at trial clearly and unequivocally that everything was explained to Plaintiff in great detail during their meetings, and that Plaintiff assured the credit union employee that she fully understood the information that was provided.

In December 2024 after a four-day trial, the jury returned a unanimous verdict in favor of our client.

Brian is a trial attorney with 25 years of experience defending clients against executive financial, legal and other professional malpractice claims, as well as handling contracts, coverage and general liability cases in state and federal courts.