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NYC 4900 Holdings LLC v. Siad

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Sep 25, 2019
65 Misc. 3d 128 (N.Y. App. Term 2019)

Opinion

570096/19

09-25-2019

NYC 4900 HOLDINGS LLC, Petitioner-Landlord v. Fatima SIAD, Respondent-Tenant-Appellant.


Per Curiam.

Order (Daniele Chinea, J.), dated November 20, 2018, affirmed, with $10 costs.

We find unavailing tenant's assertion that her former attorney lacked actual authority to enter into the December 21, 2017, two-attorney, so-ordered stipulation settling the underlying holdover summary proceeding. "Assuming arguendo that [the attorney] lacked the real authority to do so, as a matter of law, [he was] certainly clothed with apparent authority and the [landlord] reasonably relied upon that appearance of authority" ( 1420 Concourse Corp. v. Cruz , 175 AD2d 747, 749 [1991], citing Hallock v. State of New York , 64 NY2d 224, 231 [1984] ). In this regard, counsel had appeared at every court appearance on tenant's behalf since at least July 2017, signed and submitted several stipulations of adjournment and other court papers, and engaged in settlement negotiations prior to execution of the underlying stipulation.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

NYC 4900 Holdings LLC v. Siad

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Sep 25, 2019
65 Misc. 3d 128 (N.Y. App. Term 2019)
Case details for

NYC 4900 Holdings LLC v. Siad

Case Details

Full title:NYC 4900 Holdings LLC, Petitioner-Landlord v. Fatima Siad…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Sep 25, 2019

Citations

65 Misc. 3d 128 (N.Y. App. Term 2019)
2019 N.Y. Slip Op. 51517
118 N.Y.S.3d 362