Question of Fact Raised About Whether Signature on Promissory Note Was Forged

In this action on a promissory note, the Second Department reversed Supreme Court, finding that defendant raised a triable issue of fact whether his signature was forged. The court noted that expert evidence is not necessary to raise a question of fact in this context:

Something more than a mere assertion of forgery is required to create an issue of fact contesting the authenticity of a signature … . Here, in addition to his own affidavit, the defendant submitted a copy of his driver license as an example of his signature, and an affidavit from the individual who allegedly witnessed execution of the note. Review of the defendant’s signature on his driver license and the signature on the note reveal some difference to the untrained eye. More importantly, the individual who is identified as the witness on the note stated in his affidavit that he had no recollection of witnessing the defendant signing the note, and that he believed that his own signature thereon was forged. Furthermore, while the defendant did not submit an expert affidavit, an expert opinion is not required to raise a triable issue of fact regarding a forgery allegation … . Finally, the defendant’s signature on the note was not notarized, and thus, there is no presumption of due execution … . Kitovas v Megaris, 2015 NY Slip Op 08388,2nd Dept 11-18-15