Matter of Butta

In Matter of Butta (192 Misc. 2d 614 [2004]) the court adopted the Sutton rationale holding that although the signature card is the best evidence to give rise to the statutory presumption, it is not the exclusive means of doing so. In That case the signature card could not be located by the bank. A bank employee testified that the standard signature card used by the bank at the time the account was opened contained survivorship language.