Salerno v. B. C. Posner Construction Co.

On September 5, 1959 the defendant B. C. Posner Construction Co., Inc., entered into a written lease with the plaintiffs for the rental of Store No. 6 of the White Plains Shopping Center. B. C. Posner Construction Co., Inc., was not at that time the owner of the property, which was owned by the defendant Rodor Realty Corporation, a corporation controlled by one, Benjamin C. Posner, who also controlled B. C. Posner Construction Co. In entering into the lease with the plaintiffs the Posner Construction Corporation clearly acted as the agent of Rodor, although that fact was not disclosed at the…