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CICALE v. WACHOVIA BANK N.A.

56 A.D.3d 392 (2008)

MADELINE CICALE, Respondent, v. WACHOVIA BANK N.A., Appellant, and LINDA CICALE, Respondent.

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

November 25, 2008.

In opposition to Wachovia's motion, plaintiff averred that her grandson had testified in a proceeding in another jurisdiction that he forged her name on the subject loan and mortgage documents. She also submitted documents containing her signature for purposes of comparing it with her alleged signature on the mortgage documents. This evidence raises an issue of fact as to the authenticity of plaintiff's signature (see Seaboard...

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