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CINEMA NORTH CORP. v. PLAZA AT LATHAM ASSOCIATES

Nos. 73, 148 and 224, Dockets 88-7389, 7421 and 7423.

867 F.2d 135 (1989)

CINEMA NORTH CORPORATION, Plaintiff-Appellant, Cross-Appellee, v. PLAZA AT LATHAM ASSOCIATES and Hoyt's Cinema Corporation, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 1, 1989.

Attorney(s) appearing for the Case

Paul F. Feigenbaum, Albany, N.Y. (White, Brenner & Feigenbaum, of counsel), for plaintiff-appellant.

Daniel J. Tyson, Albany, N.Y. (Zubres, D'Augostino & Hoblock, of counsel), for defendants-appellees, Plaza at Latham Associates.

David S. Weiss, Boston, Mass. (Goulston & Storrs, of counsel), for defendants-appellees, Hoyt's Cinema Corp.

Before FEINBERG, Chief Judge, CARDAMONE and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

On this appeal we are asked to determine whether, under New York State's statute of frauds, a partnership may avoid the obligations of an agreement signed by a person who identifies himself as the partnership's "Vice President", but who is not specifically authorized in writing to enter into such an agreement.

Cinema North Corporation ("Cinema North") appeals from the granting of defendant Plaza at Latham Associates' motion...

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