Plaintiff contends that it never validly retained defendant, or, if it did, that it validly discharged defendant in a subsequent resolution adopted by its five-person board of directors. The action was properly dismissed in the absence of evidence rebutting plaintiff's then-president's presumptive authority to have instituted the action on plaintiff's behalf and engage counsel therefor without formal authorization from plaintiff's board (cf., Sterling Indus. v Ball Bearing...
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