GMAC COMMERCIAL CREDIT L. L. C. v. MITCHELL-B.J. LTD.


272 A.D.2d 51 (2000)

707 N.Y.S.2d 315

GMAC COMMERCIAL CREDIT L. L. C., Formerly Known as BNY FINANCIAL CORPORATION, Respondent-Appellant, v. MITCHELL-B.J. LTD. et al. Defendants, HELEN WINJE, Respondent, and NORTH FORK BANK, Appellant-Respondent.

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

Decided May 2, 2000.


The record does not support BNY's contention that it has made a prima facie showing that Henriette Shidlofsky's signature on the guaranty was a forgery, particularly where BNY continues to maintain its action against her on the guaranty. Moreover, there are issues of fact as to whether the notary was acting within the scope of her employment in notarizing the guaranty.

North Fork was not entitled to introduce testimony from a banking expert since it failed to demonstrate...

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