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CROVATO v. H&M HENNES & MAURITZ, L.P.

10143, 304191/10, 83792/11, 83835/12.

176 A.D.3d 547 (2019)

108 N.Y.S.3d 848

2019 NY Slip Op 07530

Craig Crovato, Plaintiff, v. H&M Hennes & Mauritz, L.P., et al., Appellants, and Diversified Construction Corp., Also Known as Grandview Contracting Corp. et al., Respondents. JKT Construction, Inc., Third-Party Plaintiff-Appellant, v. Superior Site Work, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. H&M Hennes & Mauritz, L.P., Second Third-Party Plaintiff-Appellant, v. Signature Floors, Inc., Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendants.

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

Decided October 22, 2019.

Attorney(s) appearing for the Case

Carol R. Finocchio , New York, for appellants.

Gordon Rees Scully Mansukhani, LLP, Harrison ( Allyson A. Avila of counsel), for Diversified Construction Corp., and Superior Site Work, Inc., respondents.

Camacho Mauro Mulholland, LLP, New York ( Anthony J. Buono of counsel), for Signature Floors, Inc., respondent.

Concur—Acosta, P.J., Richter, Mazzarelli, Webber, Kern, JJ.

Questions of fact exist as to whether the signatory of the contract between JKT and Signature had authority, actual or apparent, to bind Signature, and, if not, whether Signature ratified the contract through subsequent behavior (see Matter of Cologne Life Reins. Co. v Zurich Reins. [N. Am.], 286 A.D.2d 118 [1st Dept 2001]). There is conflicting deposition testimony regarding whether the individual who signed the contract had actual...

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