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INBAR GROUP, INC. v. ST. MARK'S WORLD, INC.

653565/16. Appeal No. 12438. Case No. 2020-00525.

188 A.D.3d 587 (2020)

132 N.Y.S.3d 630

2020 NY Slip Op 06879

Inbar Group, Inc., Respondent-Appellant, v. St. Mark's World, Inc., et al., Respondents, and Michael Morgan, Appellant-Respondent.

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

Decided November 19, 2020.

As Morgan signed the parties' original agreement in his corporate capacity on behalf of St. Mark's World, Inc., he would ordinarily not be personally liable under that agreement (Diaz v Siegel, 23 A.D.3d 251, 252 [1st Dept 2005]). However, Morgan's signature without reference to his corporate capacity in the "extension" of the original agreement, and other surrounding circumstances, create a fact issue as to the capacity in which...

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