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Seaboard Surety Company v. Earthline Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1999
262 A.D.2d 253 (N.Y. App. Div. 1999)

Summary

In Seaboard, the Court denied defendant's motion to dismiss the complaint and found that the plaintiff had set forth a sufficient argument that the notary's acknowledgement of his signature was not properly made.

Summary of this case from Gargagliano v. Gargagliano

Opinion

June 29, 1999.

Appeal from the Supreme Court, New York County (Barry Cozier, J.).


Although the notarization of a signature raises a presumption that the signature is genuine ( see, CPLR 4538), the presumption is rebuttable ( Dart Assocs. v. Rosal Meat Mkt., 39 A.D.2d 564). Defendant-respondent Follini has submitted an affidavit in which he avers that the signatures on the indemnity agreements purporting to be his and relied upon by plaintiff are forgeries. This claim, as attested to in Follini's detailed affidavit, is sufficient to raise an issue of fact as to the authenticity of the subject signatures and, accordingly, warranted the motion court's denial of plaintiff's motion for summary judgment against Follini based on the indemnification agreement apparently bearing his signature ( see, Royal Inn v. M.A.F. Realty Corp., 105 A.D.2d 835; Langford v. Cameron, 73 A.D.2d 1001). The denial of summary judgment against Follini was additionally supported by discrepancies on the face of the notary's acknowledgment lending further substance to defendant's claim that the notary's purported acknowledgment of his signature was not properly made.

The unsworn opinion of plaintiff's handwriting expert was insufficient to support plaintiff's motion because it failed to comport with the provisions of CPLR 3212 (b).

Concur — Nardelli, J. P., Williams, Tom, Lerner and Friedman, JJ.


Summaries of

Seaboard Surety Company v. Earthline Corp.

Appellate Division of the Supreme Court of New York, First Department
Jun 29, 1999
262 A.D.2d 253 (N.Y. App. Div. 1999)

In Seaboard, the Court denied defendant's motion to dismiss the complaint and found that the plaintiff had set forth a sufficient argument that the notary's acknowledgement of his signature was not properly made.

Summary of this case from Gargagliano v. Gargagliano
Case details for

Seaboard Surety Company v. Earthline Corp.

Case Details

Full title:SEABOARD SURETY COMPANY, Appellant, v. EARTHLINE CORPORATION et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 29, 1999

Citations

262 A.D.2d 253 (N.Y. App. Div. 1999)
692 N.Y.S.2d 375

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