Vesey Associates, Inc. v. Regime Realty Corp.

Full title: VESEY ASSOCIATES, INC., et al., Appellants, v. REGIME REALTY CORP. et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 28, 1962

16 A.D.2d 920 (N.Y. App. Div. 1962)

Opinion

June 28, 1962

Judgment, dismissing the complaint on motion for summary judgment, affirmed on the opinion of Mr. Justice LORETO at Special Term [ 35 Misc.2d 353].

Concur — Breitel, J.P., Rabin, McNally, Eager and Bergan, JJ.; McNally, J., dissents in part in the following memorandum:

I dissent, in part, and vote to modify the judgment by denying summary judgment in favor of defendant Delinsky. This defendant is not a party to the contract which contains the disclaimer as to representations regarding the physical condition of the premises. A question of fact is present as to the extent of the representations allegedly made by Delinsky. The disclaimer establishes the representations, if made, were beyond the scope of Delinsky's authority as an officer of defendant Regime Realty Corp. ( Wittenberg v. Robinov, 9 N.Y.2d 261, 264.)