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GIAMUNDO v. McCONVILLE

309 A.D.2d 895 (2003)

766 N.Y.S.2d 101

CLEMENTE GIAMUNDO et al., Plaintiffs, v. BERNARD R. McCONVILLE, Defendant and Third-Party Plaintiff-Appellant. NUNZIO PECORARO, Third-Party Defendant-Respondent.

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

Decided October 27, 2003.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The third-party plaintiff's action for contribution hinged upon the invalidity of an assignment. It is well settled that a certificate of acknowledgment attached to a written instrument raises a presumption of due execution, and such presumption "can be rebutted only after being weighed against any evidence adduced to show that the subject instrument was not duly executed" (Lum v Antonelli...

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