Commision on Ecumenical Mission & Relations of United Presbyterian Church in United States v. Roger Gray, Ltd.
Appellate Division of the Supreme Court of the State of New York
1DissentMcGivern, J.
Some of the observations of the majority anent the capacity of an authorized person to bind a corporation are all very true. But we are dealing here with a specific statute, specifically relating to real property and literally mandating that the authority of the agent be ‘1 authorized by writing” (General Obligations Law, § 5-703, subd. 2; § 5-1111). Thus, I fail to see how a trial would be other than an idle ceremony. It is clear now that no such writing exists either singly, or collectively as resulting from any grouping of the deficient communications in the record. And all the evidence is…
2Cases cited4 opinions
- Dodwell & Co. v. SilvermanAppellate Division of the Supreme Court of the State of New York · 1932
- Lancaster at Fresh Meadow, Inc. v. SuderovNew York Supreme Court · 1957
- Hamilton Park Builders Corp. v. RogersNew York Supreme Court · 1956
- Sloan Foundation, Inc. v. AtlasNew York Supreme Court · 1964