Spectra Audio Research, Inc. v. 60-86 Madison Ave. Dist. Management Ass'n, Inc.

• Court: New York Supreme Court — Appellate Division
• Citation: Spectra Audio Research, Inc. v. 60-86 Madison Ave. Dist. Management Ass'n, Inc., 699 N.Y.S.2d 360 (N.Y. App. Div. 1999)
• Decision Date: 07 December 1999
• Parties: SPECTRA AUDIO RESEARCH, INC., Plaintiff-Respondent, v. 60-86 MADISON AVENUE DISTRICT MANAGEMENT ASSOCIATION, INC., Defendant-Appellant.

Page 360

699 N.Y.S.2d 360

SPECTRA AUDIO RESEARCH, INC., Plaintiff-Respondent, v. 60-86 MADISON AVENUE DISTRICT MANAGEMENT ASSOCIATION, INC., Defendant-Appellant.

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

Dec. 7, 1999.

Edmund F. Wolk, for Plaintiff-Respondent.

Jeffrey S. Goldberg, for Defendant-Appellant.

ELLERIN, P.J., ROSENBERGER, NARDELLI, LERNER and ANDRIAS, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered December 15, 1998, in favor of plaintiff sublessor and against defendant sublessee in the total amount of $70,262.42, and bringing up for review a prior order which, inter alia, granted plaintiff's motion for partial summary judgment on its causes of action for unpaid rent and additional rent up to the making of the motion and for an account stated, unanimously modified, on the law, to grant plaintiff summary judgment dismissing defendant's affirmative defense of lack of authority, and otherwise affirmed, with costs to plaintiff payable by defendant.

Plaintiff was properly granted summary judgment on its cause of action for breach of the sublease upon a record showing that defendant's president had apparent authority to enter into the sublease on defendant's behalf, its attorney at the sublease closing having specifically represented to plaintiff that defendant not-for-profit corporation had taken all steps necessary to its entering into the sublease, including authorizing its president to execute the sublease on its behalf (see, Greene v. Hellman, 51 N.Y.2d 197, 204, 433 N.Y.S.2d 75, 412 N.E.2d 1301; Geotel, Inc. v. Wallace, 162 A.D.2d 166, 168, 556 N.Y.S.2d 577, lv. dismissed, lv. denied 76 N.Y.2d 917, 563 N.Y.S.2d 55, 564 N.E.2d 665). Defendant is, in any event, estopped from denying the validity of...