Opinion
03-09-2017
GENOVA BURNS LLC, etc., Plaintiff–Appellant, v. NEW YORKERS FOR BILL THOMPSON, Defendant, William C. Thompson, Jr., et al., Defendants–Respondents.
Genova Burns LLC, New York (Angelo J. Genova of counsel), for appellant. Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Brooklyn (Susan Mauro of counsel), for respondents.
Genova Burns LLC, New York (Angelo J. Genova of counsel), for appellant.
Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Wolf, LLP, Brooklyn (Susan Mauro of counsel), for respondents.
Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered November 16, 2015, which granted the individual defendants' motion to dismiss the complaint as against them, unanimously affirmed, without costs.
Plaintiff's retainer agreement, which engaged plaintiff for representation in connection with a post-campaign audit, was executed by defendant James Ross solely in his representative capacity as treasurer of defendant New Yorkers for Bill Thompson and was not executed by defendant candidate at all. Nor was the personal liability of the individual defendants contemplated. Accordingly, the individual defendants are not personally liable under the agreement (see Seaver v. Ransom, 224 N.Y. 233, 237, 120 N.E. 639 [1918] ; Salzman Sign Co. v. Beck, 10 N.Y.2d 63, 217 N.Y.S.2d 55, 176 N.E.2d 74 [1961] ; Richmond Adv./Reinhold Assoc. v. Del Guidice, 66 A.D.2d 701, 411 N.Y.S.2d 251 [1st Dept.1978] ).
Plaintiff has abandoned its claims for unjust enrichment, quantum meruit, and account stated (see Hardwick v. Auriemma, 116 A.D.3d 465, 468, 983 N.Y.S.2d 509 [1st Dept.2014], lv. denied 23 N.Y.3d 908, 2014 WL 2936031 [2014] ).
We have considered plaintiff's remaining contentions and find them unavailing.
RICHTER, J.P., MANZANET–DANIELS, GISCHE, WEBBER, KAHN, JJ., concur.