288 St. Nick L. L. C. v. 288 Kiseki Realty, Inc.

OPINION OF THE COURT

Edward H. Lehner, J.

The novel legal issue presented on this motion by defendant 288 Kiseki Realty, Inc. (Kiseki) to dismiss the complaint is whether a power of attorney given by the sole shareholder, *360director and officer of Kiseki to his mother grants her authority, under the provision of General Obligations Law § 5-1502E, to execute a contract for the sale of real property owned by the corporation.

Facts

Shi Hwan Kim was the sole shareholder, director and officer of Kiseki, which owned the property located at 288 St. Nicholas Avenue (the Property). On April 5, 1999 he…