Altamirano v Drake Ave. Realty Corp. (2004 NY Slip Op 04774)

Altamirano v Drake Ave. Realty Corp.

2004 NY Slip Op 04774 [8 AD3d 58]

June 8, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 25, 2004

Alejandro Altamirano et al., Plaintiffs,
v
Drake Avenue Realty Corp., Defendant and Third-Party Plaintiff-Appellant. A.J. Recycling, Inc., Third-Party Defendant-Respondent. (And Another Action.)

—[*1]Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered on or about October 2, 2003, which denied defendant's motion in its first third-party action to vacate a stipulation of discontinuance, unanimously affirmed, with costs.

The authenticity of the lease submitted herein was not supported by competent evidence in the face of third-party defendant A.J. Recycling's president's sworn denial of its validity, and the submission of another executed lease between appellant and another entity owned by the president for a time period overlapping that of the purported lease. Concur—Tom, J.P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.