Lease Not Signed by Landlord Unenforceable

January 1, 2004

LVT Number: 17045

Tenant sued landlord to enforce a lease agreement. Landlord asked the court to dismiss the case without a trial, claiming that it didn't sign the lease. The court ruled against landlord. Landlord appealed and won. The lease was signed on landlord's behalf by a person who wasn't an officer, director, shareholder, or employee of landlord corporation. And there was no signed writing otherwise authorizing the person to sign a lease on landlord's behalf.

Tenant sued landlord to enforce a lease agreement. Landlord asked the court to dismiss the case without a trial, claiming that it didn't sign the lease. The court ruled against landlord. Landlord appealed and won. The lease was signed on landlord's behalf by a person who wasn't an officer, director, shareholder, or employee of landlord corporation. And there was no signed writing otherwise authorizing the person to sign a lease on landlord's behalf.

Lipton v. Kiamie Princess Marion Realty Corp.: NYLJ, 12/26/03, p. 25, col. 5 (App. Div. 1 Dept.; Nardelli, JP, Tom, Ellerin, Lerner, Friedman, JJ)

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