BD. OF MANAGERS OF WEATHER VANE CONDO. I v. WEATHER VANE CONSTR. CORP.


85 A.D.2d 589 (1981)

Board of Managers of Weather Vane Condominium I et al., Plaintiffs, v. Weather Vane Construction Corp. et al., Defendants, Empire National Bank et al., Respondents, and Morton Parnes et al., Executors of Burton Parnes, Deceased, Intervening-Appellants

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

December 7, 1981


Order affirmed insofar as appealed from, with $50 costs and disbursements.

Where a joint venturer, or one claiming under him, alleges that a third party, who had done business with another joint venturer allegedly lacking in authority, should be estopped from retaining the benefits of that transaction, it is incumbent on the aggrieved party to establish that the otherwise innocent third party was aware of the joint venturer's alleged lack of actual authority. The...

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