Legal Opinion

Whitefriars East Co. v. Labyrinth Data Processing Enterprises, Ltd.

Civil Court of the City of New York

Decided July 18, 1986PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard S. Lane, J.

Respondent cross-moves to dismiss on the ground that the 30-day notice to terminate was signed not by petitioners but by petitioners’ attorney. The motion is granted.

*669Since the Court of Appeals affirmance in Siegel v Kentucky Fried Chicken (67 NY2d 792), it has become accepted that a notice of termination pursuant to lease signed by an agent is ineffective unless accompanied by evidence of the agent’s authority to act; see prior authorities collected in 615 Co. v Mikeska (NYLJ, Apr. 1, 1986, p 7, col 1). Petitioner argues that these authorities are…

2Cases cited7 opinions

  1. Reeder v. . SayreNew York Court of Appeals · 1877
  2. Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
  3. Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.New York Court of Appeals · 1984
  5. Adina 74 Realty Corp. v. HudsonCivil Court of the City of New York · 1980

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. City of New York v. Wall Street Racquet Club, Inc.Civil Court of the City of New York · 1987
  2. Paul Ruth Trading Co. v. Royal Yarn Dyeing Corp. (In Re Royal Yarn Dyeing Corp.)United States Bankruptcy Court, E.D. New York · 1990
  3. Yui Woon Kwong v. Sun Po EngCivil Court of the City of New York · 1990
  4. Second & E. 82 Realty LLC v. 82nd Street Gily Corp.Civil Court of the City of New York · 2002
  5. Yui Woon Kwong v. NgCivil Court of the City of New York · 1989

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