WESTON ASSOCS., INC. v. NIAGARA PROPS., INC.


130 A.D.2d 964 (1987)

Weston Associates, Inc., Appellant, v. Niagara Properties, Inc., et al., Respondents

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

May 22, 1987


Judgment unanimously affirmed, with costs.

Memorandum:

We agree with Special Term that defendants were entitled to summary judgment dismissing the complaint for breach of contract to sell real property because the contract was not "subscribed by the party to be charged, or by [its] lawful agent thereunto authorized by writing" (General Obligations Law § 5-703 [2]). The attorney for the seller corporation signed the contract, but he had no written authorization...

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