JDF REALTY, INC. v. SARTIANO

6975, 6976, 117897/09.

93 A.D.3d 410 (2012)

939 N.Y.S.2d 61

2012 NY Slip Op 1556

JDF REALTY, INC., Appellant, v. SCOTT SARTIANO et al., Respondents.

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

Decided March 1, 2012.


The motion court properly reasoned that there was no ground for holding the individual defendants liable for plaintiff's commission based on media reports of their activities and plaintiff's references to them as partners; there was no clear and explicit evidence that Sartiano intended to be personally bound despite acting as an agent for a disclosed principal (see Savoy Record Co. v Cardinal Export Corp., 15 N.Y.2d 1, 4 [1964])...

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