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July 17, 2023
Attorney Lacked Apparent Authority to Represent Client When All Representations Concerning Authority Came From Attorney, Rather Than Client
On June 5, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd v. Knights Genesis Investment Ltd., Slip Op. 50541(U), holding that an attorney entering a stipulation on behalf of a party lacked apparent authority to do so because all representations concerning the attorney's authority came from the attorney (the agent), rather than the client (the principal), but also holding that the attorney may have had actual authority and setting a hearing to resolve the issue, explaining: Read More
January 2, 2020
Corporate Officer May be Held Liable for Corporation's Tort in Which the Officer Participated
On December 20, 2019, the Fourth Department issued a decision in Canandaigua Natl. Bank & Trust … Read More
June 13, 2019
Apparent Authority Created by Acts of the Principal, Not the Agent
On April 16, 2019, Justice Grays of the Queens County Commercial Division issued a decision in 45-34… Read More
August 7, 2017
Intermediary Was Not Agent With Authority to Bind Trust
On August 1, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 8, 2017
Person Who Signed Agreement on Behalf of LLC Before LLC Was Formed Can Be Held Personally Liable
On April 6, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc. v.… Read More
February 19, 2017
Dismissal of Fraudulent Misrepresentation Claim Based on Respondeat Superior Theory Affirmed
On February 14, 2017, the First Department issued a decision in VFP Investments I LLC v. Foot Locker… Read More
August 23, 2016
Claims Against Insurer Dismissed Where Allegations Fail to Tie it to Policy at Issue
On August 11, 2016, Justice Oing of the New York County Commercial Division issued a decision in Cha… Read More
November 8, 2015
Court Dismisses Claims Based on Vicarious Liability
On October 22, 2015, Justice Ramos of the New York County Commercial Division issued a decision in V… Read More
June 4, 2015
Insurance Broker Not Liable for Alleged Torts and Breach of Contract of His Employer
On May 27, 2015, the Second Department issued a decision in Lido Beach Towers v. Denis A. Miller Ins… Read More
December 18, 2013
Settlement by Related Party In Earlier Action Does Not Bind Plaintiffs in New Action
On December 17, 2013, the First Department issued a decision in BDCM Opportunity Fund II, LP v. Yuca… Read More
December 14, 2013
Lease Amendment Invalid Because Landlord's President Lacked Authority to Amend Lease
On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. B… Read More