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Al-Kabyalle v. Ali

Supreme Court, Appellate Division, First Department, New York.
Mar 8, 2018
2018 N.Y. Slip Op. 1556 (N.Y. App. Div. 2018)

Opinion

5943 Index 20222/15E

03-08-2018

Monsour AL–KABYALLE, Plaintiff–Respondent, v. Hamad ALI, Defendant–Appellant, New Brothers Realty Corp., et al., Defendants.

Christopher Lynn, New York, for appellant. Sibilla Alessi Pantano Gupta LLC, New York (Vyacheslav (Steve) Polyakov of counsel), for respondent.


Christopher Lynn, New York, for appellant.

Sibilla Alessi Pantano Gupta LLC, New York (Vyacheslav (Steve) Polyakov of counsel), for respondent.

Sweeny, J.P., Manzanet–Daniels, Mazzarelli, Oing, Moulton, JJ.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered August 25, 2017, which denied the motion of defendant Hamad Ali for summary judgment dismissing the complaint, unanimously affirmed, without costs.

On a prior motion, plaintiff submitted an affidavit stating that his signature on a Unanimous Written Consent of the Directors of New Brothers Realty Corp. had been forged. On the instant motion, defendant Ali submitted the affidavit of a handwriting expert, who said he was virtually certain that the signature on the consent was by the same person who signed seven exemplars. However, the expert did not describe the exemplars, nor are they in the record. Under these circumstances, Ali failed to show that plaintiff's signature was genuine (see e.g. CPLR 4536 ; Kanterakis v. Minos Realty I, LLC, 151 A.D.3d 950, 952, 55 N.Y.S.3d 452 [2d Dept. 2017] ).


Summaries of

Al-Kabyalle v. Ali

Supreme Court, Appellate Division, First Department, New York.
Mar 8, 2018
2018 N.Y. Slip Op. 1556 (N.Y. App. Div. 2018)
Case details for

Al-Kabyalle v. Ali

Case Details

Full title:Monsour AL–KABYALLE, Plaintiff–Respondent, v. Hamad ALI…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 8, 2018

Citations

2018 N.Y. Slip Op. 1556 (N.Y. App. Div. 2018)
70 N.Y.S.3d 40

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