Altamirano v. Drake Avenue Realty Corp.

Appellate Division of the Supreme Court of New York

Altamirano v. Drake Avenue Realty Corp.

8 A.D.3d 58, 777 N.Y.S.2d 647, 2004 N.Y. App. Div. LEXIS 7858

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 8, 2004

StatusPublished

This text of 8 A.D.3d 58 (Altamirano v. Drake Avenue Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Altamirano v. Drake Avenue Realty Corp., 8 A.D.3d 58, 777 N.Y.S.2d 647, 2004 N.Y. App. Div. LEXIS 7858 (N.Y. Ct. App. 2004).

Pincite

Opinion

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.

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. Concur—Tom, J.P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

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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.

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. Concur—Tom, J.P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

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Bluebook (online)

8 A.D.3d 58, 777 N.Y.S.2d 647, 2004 N.Y. App. Div. LEXIS 7858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/altamirano-v-drake-avenue-realty-corp-nyappdiv-2004.