Learner v. American Federation of Musicians of the United States & Canada

Appellate Division of the Supreme Court of New York

Learner v. American Federation of Musicians of the United States & Canada

304 A.D.2d 370, 756 N.Y.S.2d 848, 2003 N.Y. App. Div. LEXIS 3757

Appellate Division of the Supreme Court of the State of New York·Decided April 8, 2003·Published

Opinion

Order, Supreme Court, New York County (Marylin Diamond, J.), entered February 22, 2002, which, in an action for breach of severance agreements, denied plaintiff employees’ motion for summary judgment and granted defendant employer’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly held that defendant’s former president, for whom plaintiff's worked as assistants and whose term of office was expiring, lacked apparent authority to enter into the subject severance agreements (see Arol Dev. Corp. v Whitman & Ransom, 215 AD2d 145, 146 [1995]). Concur — Mazzarelli, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

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Order, Supreme Court, New York County (Marylin Diamond, J.), entered February 22, 2002, which, in an action for breach of severance agreements, denied plaintiff employees’ motion for summary judgment and granted defendant employer’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly held that defendant’s former president, for whom plaintiff's worked as assistants and whose term of office was expiring, lacked apparent authority to enter into the subject severance agreements (see Arol Dev. Corp. v Whitman & Ransom, 215 AD2d 145, 146 [1995]). Concur — Mazzarelli, J.P., Sullivan, Ellerin, Lerner and Marlow, JJ.

Learner v. American Federation of Musicians of the United States & Canada, 304 A.D.2d 370, 756 N.Y.S.2d 848, 2003 N.Y. App. Div. LEXIS 3757 (N.Y. Ct. App. 2003).

Pincite

304 A.D.2d 370 (Learner v. American Federation of Musicians of the United States & Canada) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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