Managing Agent Can Testify

February 1, 1998

LVT Number: 12089

Landlord sued to evict tenant. The trial court refused to allow landlord's managing agent, who signed the lease with tenant on landlord's behalf, from testifying as to the agency relationship between landlord and the managing agent. Landlord appealed and won. While an agent's out-of-court statement against a principal generally can't be admitted in court to prove that there was an agency relationship, that rule didn't apply to bar the in-court testimony of the agent called upon to testify for landlord.

Landlord sued to evict tenant. The trial court refused to allow landlord's managing agent, who signed the lease with tenant on landlord's behalf, from testifying as to the agency relationship between landlord and the managing agent. Landlord appealed and won. While an agent's out-of-court statement against a principal generally can't be admitted in court to prove that there was an agency relationship, that rule didn't apply to bar the in-court testimony of the agent called upon to testify for landlord. A new trial was needed since the court erroneously prevented landlord from proving its case.

River York Holding v. Bigman: NYLJ, p. 25, col. 2 (1/13/98) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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