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CANON FIN. SERVS., INC. v. MEYERS ASSOC., LP

650613/13, 1228, 1227.

139 A.D.3d 575 (2016)

33 N.Y.S.3d 14

2016 NY Slip Op 03993

CANON FINANCIAL SERVICES, INC., Plaintiff, v. MEYERS ASSOCIATES, LP, Doing Business as MEYERS ASSOCIATES, Appellant-Respondent, and CANON USA, Inc., Respondent-Appellant.

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

Decided May 24, 2016.

Meyers' pleading fails to show that nonparty independent contractor EZ Docs, Inc., a Canon products dealer from which Meyers leased Canon equipment, had either actual or apparent authority to act as Canon's agent (see Standard Funding Corp. v Lewitt, 89 N.Y.2d 546, 551 [1997]). Nor was Meyers in privity with Canon, which was not a signatory to any agreement with Meyers. The existence of an express warranty by Canon did not create...

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