Opinion
April 11, 1995
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
In light of the fact that Steven Dorn signed the contract at issue for work to be performed by plaintiff at Dorn Marini's premises, in his personal and not his representative capacity, and since there is no evidence that plaintiff was aware that Dorn was allegedly signing as an agent for a principal, Dorn is personally liable on the contract (see, Ell Dee Clothing Co. v Marsh, 247 N.Y. 392, 397; New England Mar. Contrs. v Martin, 156 A.D.2d 804). We also note that the instant proposal by plaintiff to furnish labor and material to accomplish specified design work for a quoted price to "Dorn Marini", which was "approved and accepted" by Steven Dorn, clearly constitutes a binding contract.
Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Williams, JJ.