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EMI PROGRESSIVE EQUITIES, INC. v. FIGUEROA

33 A.D.3d 397 (2006)

821 N.Y.S.2d 760

EMI PROGRESSIVE EQUITIES, INC., Appellant, v. ALFONSO A. FIGUEROA, Respondent.

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

Decided October 10, 2006.

An issue of fact exists as to whether plaintiff buyer could, after September 1, 2004, reasonably rely on the express authority to agree to a closing date conferred on defendant seller's attorney in the contract of sale, or otherwise reasonably believe that the seller's attorney continued to have such authority (see Ford v Unity Hosp., 32 N.Y.2d 464, 472-473 [1973]). Such issue is raised by the seller's letter dated September 1, 2004...

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