Genesee Management, Inc. v. Del Bello

Order unanimously affirmed, with costs. Memorandum: Defendant seeks summary judgment in this action to recover the amounts due pursuant to a commercial lease. He asserts that the lease is void because it was executed by an agent of the landlord who lacked written authority to do so. The lease provides for a term of 10 years and, thus, it must comply with section 5-703 of the General Obligations Law. That section makes the enforceability of the lease dependent upon subscription by defendant, "the party to be charged” (subd 2) and also by the person creating the interest in the premises "or by…