Pasqualini v. Tedesco

Full title: CARL PASQUALINI et al., Respondents, v. RICCARDO TEDESCO et al., Appellants

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

Date published: Mar 23, 1998

248 A.D.2d 604 (N.Y. App. Div. 1998)

669 N.Y.S.2d 940

Opinion

March 23, 1998

Appeal from the Supreme Court, Westchester County (Rosato, J.).

Ordered that the appeals of Riccardo Tedesco and Ranado Tedesco are dismissed as they are not aggrieved by the order appealed from (see, CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

The Supreme Court properly denied the motion of the defendant Andria Tedesco for summary judgment inasmuch as there exist triable issues of fact with respect to the authenticity of her signature on certain promissory notes (see, Rudnitsky v. Robbins, 191 A.D.2d 488, 489; Dyckman v. Barrett, 187 A.D.2d 553, 555; Poughkeepsie Sav. Bank v. Tyson, 170 A.D.2d 818; cf., Spilky v. Bernard H. La Lone, Jr., P. C., 227 A.D.2d 741).

Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.