WELLS FARGO BANK, N.A. v. SHERWOOD

2010-05254.

82 A.D.3d 758 (2011)

917 N.Y.S.2d 910

WELLS FARGO BANK, N.A., Respondent, v. KELLY SHERWOOD et al., Defendants, and MARC A. LEBOWITZ, Appellant.

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

Decided March 1, 2011.


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

In its amended complaint, the plaintiff asserted a cause of action alleging notarial misconduct against the defendant Marc A. Lebowitz (hereinafter the defendant), a notary public, claiming that, without requisite knowledge as to the true identity of the signator, the defendant notarized a signature on a durable power of attorney form which was subsequently presented to the plaintiff. The defendant...

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