STARK v. FRY


129 A.D.2d 237 (1987)

Jeffrey A. Stark et al., Appellants, v. Olga J. Fry et al., Respondents

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

July 10, 1987


Attorney(s) appearing for the Case

Harter, Secrest & Emery (Teresa D. Johnson of counsel), for appellants.

Lacy, Katzen, Ryen & Mittleman (Ezra K. Katzen of counsel), for respondents.

CALLAHAN, GREEN, BALIO and DAVIS, JJ., concur.


DILLON, P. J.

In an action by plaintiffs for specific performance of a contract to purchase real property owned by defendants, the principal issue presented on appeal is whether the exercise by the optionee's agent of an option, granted in a written and otherwise sufficient agreement signed by all principals, is ineffective unless the agent had written authority to act on behalf of the optionee. We hold that...

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