Legal Opinion
Weston Associates, Inc. v. Niagara Properties, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1987PublishedCited by 5 opinions
1Opinion of the Court
Judgment unanimously affirmed, with costs. Memorandum: We agree with Special Term that defendants were entitled to summary judgment dismissing the complaint for breach of contract to sell real property because the contract was not "subscribed by the party to be charged, or by [its] lawful agent thereunto authorized by writing” (General Obligations Law § 5-703 [2]). The attorney for the seller corporation signed the contract, but he had no written authorization to sign; hence, the contract was not enforceable against the corporation (see, Ochoa v Estate of Sarria, 97 AD2d 538; see also,…
2Cases cited6 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Commission on Ecumenical Mission & Relations of the United Presbyterian Church v. Roger Gray, Ltd.New York Court of Appeals · 1971
- Simmons v. Westwood Apartments Co.New York Supreme Court · 1965
- Simmons v. Westwood Apartments Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Ochoa v. Estate of Alberto SarriaAppellate Division of the Supreme Court of the State of New York · 1983
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States v. Bernhard Fred Manko, Also Known as Fred and Jon EdelmanCourt of Appeals for the Second Circuit · 1992
- Golonka v. Saratoga Teen & Recreation of Saratoga Springs, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Cippitelli Bros. Towing & Collision, Inc. v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1991
- Bowling v. PedzikAppellate Division of the Supreme Court of the State of New York · 2003
- 288 St. Nick, L. L. C. v. 288 Kiseki Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2001