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SEABOARD SURETY COMPANY v. EARTHLINE CORPORATION

262 A.D.2d 253 (1999)

692 N.Y.S.2d 375

SEABOARD SURETY COMPANY, Appellant, v. EARTHLINE CORPORATION et al., Defendants, and ROBERT J. FOLLINI, Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 29, 1999.

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...

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