Opinion
CA 02-01370
February 7, 2003.
Appeal from a judgment of Supreme Court, Erie County (Kane, J.), entered November 8, 2000, upon a decision of the court in favor of plaintiffs and against defendant GAF Corporation.
McCARTER ENGLISH, LLP, NEW YORK (THOMAS M. SMITH OF COUNSEL), FOR DEFENDANT-APPELLANT.
LIPSITZ, GREEN, FAHRINGER, ROLL, SALISBURY CAMBRIA LLP, BUFFALO (JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
PRESENT: GREEN, J.P., WISNER, SCUDDER, BURNS, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum:
Supreme Court properly granted plaintiffs judgment against defendant GAF Corporation (GAF) for sums due pursuant to agreements between plaintiffs and respondent Center for Claims Resolution (CCR) settling plaintiffs' claims for asbestos-related personal injuries. The record establishes that CCR acted within the scope of its actual authority as GAF's agent in settling plaintiffs' claims (see Slater v. Links at N. Hills, 262 A.D.2d 299). In any event, even assuming, arguendo, that CCR lacked actual authority to enter into the settlement agreements on behalf of GAF, we conclude that CCR had apparent authority to bind GAF to those agreements (see Hallock v. State of New York, 64 N.Y.2d 224, 231; Suncoast Capital Corp. v. Global Intellicom, 280 A.D.2d 281; Smith v. Lefrak Org., 142 A.D.2d 725, 726).