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RICE v. NAT'L ASS'N FOR THE ADVANCEMENT OF COLORED PEOPLE

103 A.D.2d 801 (1984)

Thomas C. Rice, Sr., Appellant, v. National Association for the Advancement of Colored People, Respondent

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

July 16, 1984

¶ Judgment affirmed, with costs.

¶ The trial court properly granted defendant's motion for judgment during trial (CPLR 4401). There is no question that the alleged agent acted far in excess of any actual authority, and that plaintiff failed to sustain his burden of proving the existence of apparent authority, i.e., that misleading conduct of the principal reasonably caused plaintiff to believe that the alleged...

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