1424 MILLSTONE ROAD, LLC, plf-res, v. JAMES B. FAIRCHILD, LLC def-ap, CHRISTINE BORELLI, ETC., def

282. 1424 MILLSTONE ROAD, LLC, plf-res, v. JAMES B. FAIRCHILD, LLC def-ap, CHRISTINE BORELLI, ETC., def — Lieb at Law, P.C., Center Moriches (Dennis C. Valet of counsel), for ap — Rosenberg Feldman Smith, LLP, New York (Stephen J. Sassoon of counsel), for res — Order, Supreme Court, New York County (Ellen M. Coin, J.), entered November 10, 2014, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on the issue of liability as against defendants James B. Fairchild, LLC and James B. Fairchild and dismissing the Fairchild defendants’ affirmative defenses of illegality and forgery, unanimously affirmed, without costs.

Defendant Fairchild contends that, in opposition to plaintiff’s prima facie showing that he signed the lease extension, he raised an issue of fact through his affidavit in which he denied that he signed the extension, implied that codefendant Borelli had procured his signature improperly, and pointed to distinctions between his real signature and the signature on the extension. While this affidavit may be sufficient to raise an issue of fact (see Diplacidi v. Gruder, 135 AD2d 395 [1st Dept 1987]), it was contradicted by emails in which Fairchild acknowledged that he was aware of and a party to the lease extension. These emails constitute “essentially undeniable” evidence refuting Fairchild’s forgery claim (see Amsterdam Hospitality Group, LLC v. Marshall-Alan Assoc., Inc., 120 AD3d 431 [1st Dept 2014] [internal quotation marks omitted]). In any event, Fairchild’s guaranty provided that it applied to any lease extensions, even if he was not a party thereto.