CICALE v. Linda Cicale, Additional Defendant-Respondent. (2008)

Order, Supreme Court, Bronx County (John A. Barone, J.), entered June 9, 2008, which denied defendant Wachovia Bank's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.   Appeal from order, same court and Justice, entered April 3, 2008, which granted said defendant's motion for summary judgment only to the extent of ordering a framed issue hearing, unanimously dismissed, without costs.

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 Sur. Co. v. Earthline Corp., 262 A.D.2d 253, 692 N.Y.S.2d 375 [1999];  Diplacidi v. Gruder, 135 A.D.2d 395, 522 N.Y.S.2d 1 [1987] ).

We have considered defendant's remaining contention and find it unavailing.