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CHILDREN'S DAY TREATMENT CENTER AND SCHOOL, INC. v. DORN

4703, 600488/08, 4703A, 600484/08.

83 A.D.3d 425 (2011)

922 N.Y.S.2d 7

CHILDREN'S DAY TREATMENT CENTER AND SCHOOL, INC., Doing Business as WEST END DAY SCHOOL, Respondent, v. MARTHA DORN, Appellant.

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

Decided April 5, 2011.

No seven-member board of directors of plaintiff manifested to defendant that the five members who purported to enter into the separation agreement that defendant seeks to enforce had the authority to do so (see Hallock v State of New York, 64 N.Y.2d 224, 231 [1984]). Those five members "[could] not by [their] own acts imbue [themselves] with apparent authority" (see id.). Moreover, to the extent defendant relied on an appearance...

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