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  5. 26 A.D.2d 949 (1966)
 

I. BURACK, INC. v. THIRD SACHAR BLDG. CORP.

26 A.D.2d 949 (1966)

I. Burack, Inc., Appellant, v. Third Sachar Building Corp., Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 21, 1966

Order affirmed insofar as appealed from, with $10 costs and disbursements.

It is pleaded in the defense not only that the guarantee was ultra vires, but that it was unauthorized. The burden is on plaintiff to show that the paper it relies on, ostensibly signed by one Fischer, was authorized by defendant Third Sachar Building Corporation. In pleading lack of authorization, the defense was proper in that it afforded...

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