Lipton v. Kiamie Princess Marion Realty Corp.

Appellate Division of the Supreme Court of New York

Lipton v. Kiamie Princess Marion Realty Corp.

2 A.D.3d 318, 768 N.Y.S.2d 603, 2003 N.Y. App. Div. LEXIS 13672

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 2003·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about April 7, 2003, which, inter alia, denied defendant’s motion insofar as it sought summary judgment dismissing plaintiffs first cause of action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The lease agreement sought to be enforced by plaintiff was signed on behalf of defendant landlord by a person who was not an officer, director, shareholder or employee of defendant, and whose authority, if any, to bind defendant in the matter was not set forth in a signed writing. The lease agreement is therefore unenforceable under the statute of frauds (General Obligations Law § 5-703 [2]; see Commission on Ecumenical Mission & Relations of United Presbyt. Church v Roger Gray, Ltd., 27 NY2d 457, 464 [1971]; Urgo v Patel, 297 AD2d 376, 377 [2002]; DeMartin v Farina, 205 AD2d 659, 660 [1994]).

In view of the foregoing, we need not consider the other issues raised by the parties. Concur—Nardelli, J.P., Tom, Ellerin, Lerner and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about April 7, 2003, which, inter alia, denied defendant’s motion insofar as it sought summary judgment dismissing plaintiffs first cause of action, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

The lease agreement sought to be enforced by plaintiff was signed on behalf of defendant landlord by a person who was not an officer, director, shareholder or employee of defendant, and whose authority, if any, to bind defendant in the matter was not set forth in a signed writing. The lease agreement is therefore unenforceable under the statute of frauds (General Obligations Law § 5-703 [2]; see Commission on Ecumenical Mission & Relations of United Presbyt. Church v Roger Gray, Ltd., 27 NY2d 457, 464 [1971]; Urgo v Patel, 297 AD2d 376, 377 [2002]; DeMartin v Farina, 205 AD2d 659, 660 [1994]).

In view of the foregoing, we need not consider the other issues raised by the parties. Concur—Nardelli, J.P., Tom, Ellerin, Lerner and Friedman, JJ.

Lipton v. Kiamie Princess Marion Realty Corp., 2 A.D.3d 318, 768 N.Y.S.2d 603, 2003 N.Y. App. Div. LEXIS 13672 (N.Y. Ct. App. 2003).

Pincite

2 A.D.3d 318 (Lipton v. Kiamie Princess Marion Realty Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related