Opinion
3815N.
Decided June 8, 2004.
Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about October 2, 2003, which denied defendant's motion in its first third-party action to vacate a stipulation of discontinuance, unanimously affirmed, with costs.
Law Offices of Gary A. Cusano, Tarrytown (Edwin B. Winder of counsel), for appellant.
DeCicco, Gibbons McNamara, P.C., New York (Robert P. Meyerson of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.
The authenticity of the lease submitted herein was not supported by competent evidence in the face of third-party defendant A.J. Recycling's president's sworn denial of its validity, and the submission of another executed lease between appellant and another entity owned by the president for a time period overlapping that of the purported lease.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.