NICO CONSTR. CO., INC. v. DORN


214 A.D.2d 355 (1995)

625 N.Y.S.2d 485

Nico Construction Company, Inc., Respondent, v. Steven J. Dorn, Appellant, et al., Defendants

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

April 11, 1995


In light of the fact that Steven Dorn signed the contract at issue for work to be performed by plaintiff at Dorn & Marini's premises, in his personal and not his representative capacity, and since there is no evidence that plaintiff was aware that Dorn was allegedly signing as an agent for a principal, Dorn is personally liable on the contract (see, Ell Dee Clothing Co. v Marsh, 247 N.Y. 392, 397; New England Mar. Contrs. v Martin,

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