BELLINO SCHWARTZ PADOB ADVER., INC. v. SOLARIS MKTG. GROUP, INC.


222 A.D.2d 313 (1995)

635 N.Y.S.2d 587

Bellino Schwartz Padob Advertising, Inc., Appellant, v. Solaris Marketing Group, Inc., et al., Respondents

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

December 19, 1995


We find that the IAS Court properly dismissed the first cause of action for breach of contract as against defendant Titan, which was not a signatory to the agreement between defendant Solaris and plaintiff. Nor did Solaris have either actual or apparent authority to act as Titan's agent in connection with the marketing and advertising campaign for a particular brand of vitamins (cf., Riverside Research Inst. v KMGA, Inc., 68 N.Y.2d 689

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