Al-Kabyalle v. Ali

2018 NY Slip Op 1556

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 8, 2018
• Docket: 5943
• Status: Published

Opinion

Al-Kabyalle v Ali (2018 NY Slip Op 01556)

Al-Kabyalle v Ali

2018 NY Slip Op 01556

Decided on March 8, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 8, 2018
Sweeny, J.P., Manzanet-Daniels, Mazzarelli, Oing, Moulton, JJ.

5943

[*1]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.

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 AD3d 950, 952 [2d Dept 2017]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 8, 2018

CLERK