Whitefriars East Co. v. Labyrinth Data Processing Enterprises, Ltd.
Civil Court of the City of New York
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
- Reeder v. . SayreNew York Court of Appeals · 1877
- Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.New York Court of Appeals · 1984
- 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
- City of New York v. Wall Street Racquet Club, Inc.Civil Court of the City of New York · 1987
- Paul Ruth Trading Co. v. Royal Yarn Dyeing Corp. (In Re Royal Yarn Dyeing Corp.)United States Bankruptcy Court, E.D. New York · 1990
- Yui Woon Kwong v. Sun Po EngCivil Court of the City of New York · 1990
- Second & E. 82 Realty LLC v. 82nd Street Gily Corp.Civil Court of the City of New York · 2002
- Yui Woon Kwong v. NgCivil Court of the City of New York · 1989