CPLR 4536. Proof of writing by comparison of handwriting
Al-Kabyalle v Ali, 2018 NY Slip Op 01556 [1st Dept 2018]
On a prior motion, plaintiff submitted an affidavit stating that his signature on a Unanimous Written Consent of the Directors of New Brothers Realty Corp. had been forged. On the instant motion, defendant Ali submitted the affidavit of a handwriting expert, who said he was virtually certain that the signature on the consent was by the same person who signed seven exemplars. However, the expert did not describe the exemplars, nor are they in the record. Under these circumstances, Ali failed to show that plaintiff's signature was genuine (see e.g. CPLR 4536; Kanterakis v Minos Realty I, LLC, 151 AD3d 950, 952 [2d Dept 2017]).