Wells Fargo Bank, N.A. v. Sherwood

In its amended complaint, the plaintiff asserted a cause of action alleging notarial misconduct against the defendant Marc A. Lebowitz (hereinafter the defendant), a notary public, claiming that, without requisite knowledge as to the true identity of the signator, the defendant notarized a signature on a durable power of attorney form which was subsequently presented to the plaintiff. The defendant moved for summary judgment dismissing the amended complaint insofar as asserted against him, and the Supreme Court, inter alia, denied his motion. We affirm the order insofar as appealed from.

Execut…