Order unanimously affirmed without costs. Memorandum: The Surrogate properly denied respondent's motion for summary judgment. The presumption that bank accounts in the names of respondent and decedent constituted joint tenancies with a right of survivorship may be rebutted (Banking Law § 675) only by a clear and convincing showing that, at the time the accounts were created, the accounts were opened as a matter of convenience, or by proving undue influence, fraud or lack of capacity (see, Brezinski v Brezinski, 94 A.D.2d 969; Matter of Camarda, 63 A.D.2d 837, 838). The proof submitted by petitioner in opposition to respondent's motion was sufficient to raise a question of fact whether decedent lacked the requisite mental capacity at the time that the accounts were created.