2015 NY Slip Op 50089

Citation: 2015 NY Slip Op 50089
Jurisdiction: New York (state)
Source: Official source
Original Source: https://www.nycourts.gov/reporter/3dseries/2015/2015_50089.htm ↗

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was almost exclusively a matter of determining the relative credibility of the parties. On
this record, there is no basis to disturb the Trial Court's determination that the signature
was not forged".

In this case, the Petitioners have asserted that the Respondent has waived all
defenses except as stated above and accordingly, this Court can not apply principles of
equity. The Petitioner's run afoul of long standing common law principles and the CPLR.
The Respondent's answer, like all others served and filed in the courts, should contain a
general relief clause, or sometimes referred to as the "decretal" [*10]paragraph, in which the party seeks "such other and
further relief as this Court deems to be just and proper" under the facts and circumstance
of the case. The Petitioners suggests that this Court consider only the contract and its
terms and ignore the family relationship, history and dynamics involved in this
proceeding in making its determination. Petitioners moved to strike the testimony of
Irwin Brenner, who candidly, disclosed to the Court at least what he believes were the
motive of the Petitioners in the commencement of this proceeding. As discussed below,
all the evidence, including public records, leads this Court to conclude more than the
parties sought to disclose.

It would be unfitting, one could even dare say negligent, for this Court to
ignore any facts divulged from motion practice, testimony, documentary evidence or
deposition testimony, particularly the familial relationship between the parties and the
history of the subject property. The motive, mental capacity, accuracy of observation and
statement, truthfulness and other tests of the reliability of witnesses are the tools of truth