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U.O.M. TRADING CORP. v. 85 SOUTH OCEAN REALTY CORP.

251 A.D.2d 652 (1998)

676 N.Y.S.2d 481

U.O.M. Trading Corp., Appellant, v. 85 South Ocean Realty Corp., Doing Business as 85 South Ocean Avenue Corp., Respondent, et al., Defendants

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

June 29, 1998

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion for summary judgment. The plaintiff's evidentiary submissions failed to establish, as a matter of law, that the defendant Vittorio Tosti possessed actual authority to mortgage the sole asset of the defendant 85 South Ocean Realty Corp. d/b/a 85 South Ocean Avenue Corp. pursuant to the corporation's by-laws (see, Saleh v Angelika Films,

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