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39 COLLEGE POINT CORP. v. TRANSPAC CAPITAL CORP.

22 A.D.3d 663 (2005)

802 N.Y.S.2d 733

39 COLLEGE POINT CORP., Appellant, v. TRANSPAC CAPITAL CORP., Respondent, et al., Defendants.

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

October 17, 2005.

Ordered that the order is affirmed, with costs.

A certificate of acknowledgment attached to an instrument such as a mortgage raises the presumption of due execution, which presumption, in a case such as this, can be rebutted only after being weighed against any evidence adduced to show that the instrument was not duly executed (see Lum v. Antonelli, 102 A.D.2d 258, 260-261 [1984...

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