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BOSTANY v. TRUMP ORGANIZATION LLC

2055, 602627/08

73 A.D.3d 479 (2010)

901 N.Y.S.2d 207

JOHN P. BOSTANY, Respondent, v. TRUMP ORGANIZATION LLC, Appellants.

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

Decided May 11, 2010.

"[W]here, as here, the circumstances raise the possibility of a principal-agent relationship but no written authority of the agent has been proven, questions of agency and of its nature and scope . . . are questions of fact" (see Fogel v Hertz Intl., 141 A.D.2d 375, 376 [1988] [internal quotation marks and citations omitted]). The record shows, inter alia, that the premises was called "The Trump Building," that plaintiff was...

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