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GENGER v. ARIE GENGER 1995 LIFE INSURANCE TRUST

4987, 108602/08.

84 A.D.3d 471 (2011)

922 N.Y.S.2d 347

SAGI GENGER et al., Appellants, v. THE ARIE GENGER 1995 LIFE INSURANCE TRUST, Respondent, et al., Respondent.

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

Decided May 5, 2011.

Petitioners failed to rebut the "presumption of due execution" raised by the instrument of acknowledgment (John Deere Ins. Co. v GBE/Alasia Corp., 57 A.D.3d 620, 621 [2008]). The notary's testimony was inconclusive, and the only other proof offered tending to show that the notarization was faulty was the testimony of interested witnesses, namely, petitioners. The alteration of the notary stamp in 2007 does not negate petitioners...

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