Legal Opinion

Seaboard Surety Co. v. Earthline Corp.

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

Decided June 29, 1999PublishedCited by 22 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Barry Cozier, J.), entered June 30, 1998, which, to the extent appealed from, denied plaintiffs motion for partial summary judgment upon its claim for indemnification from defendant Robert J. Follini, unanimously affirmed, with costs.

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 AD2d 564). Defendant-respondent Follini has submitted an affidavit in which he avers that the signatures on the indemnity agreements purporting to be…

2Cases cited3 opinions

  1. Langford v. CameronAppellate Division of the Supreme Court of the State of New York · 1980
  2. Dart Associates v. Rosal Meat Market, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  3. Royal Inn, Ltd. v. M.A.F. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by22 opinions

  1. John Deere Insurance Co. v. GBE/Alasia Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Stein v. DoukasAppellate Division of the Supreme Court of the State of New York · 2012
  3. 82-90 Broadway Realty Corp. v. New York Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Yuzary v. WCP Wireless Lease Subsidiary LLCAppellate Division of the Supreme Court of the State of New York · 2012
  5. A.F. Supply Corp. v. Perfect Lock & Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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