288 ST. NICK L. L. C. v. 288 KISEKI REALTY, INC.


285 A.D.2d 357 (2001)

728 N.Y.S.2d 20

288 ST. NICK, L. L. C., Respondent, v. 288 KISEKI REALTY, INC., Appellant.

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

Decided July 5, 2001.


The motion to dismiss the complaint seeking specific performance and damages should have been granted. Despite the status of the defendant corporation's principal as sole owner, director and officer of defendant, the power of attorney he executed in his individual capacity did not confer authority on his agent to engage in the sale of defendant's real property. Thus, the sale at issue is barred for failure of the agent's authorization to comply with the applicable Statute...

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