Opinion
No. 9181.
October 10, 2006.
Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered July 11, 2005, which, in an action for specific performance, denied plaintiff's motion for summary judgment, unanimously affirmed, without costs.
Before: Andrias, J.P., Nardelli, Gonzalez, Sweeny and Catterson, JJ.
An issue of fact exists as to whether plaintiff buyer could, after September 1, 2004, reasonably rely on the express authority to agree to a closing date conferred on defendant seller's attorney in the contract of sale, or otherwise reasonably believe that the seller's attorney continued to have such authority ( see Ford v Unity Hosp., 32 NY2d 464, 472-473). Such issue is raised by the seller's letter dated September 1, 2004 addressed and hand-delivered to his attorney and, for present purposes, admittedly received by the buyer's attorney on September 1.