Appellate Terms of the Supreme Court of New York, 1971

Sansom Reporting, Inc. v. Feiner, Klaris & Curtis

Sansom Reporting, Inc. v. Feiner, Klaris & Curtis
Appellate Terms of the Supreme Court of New York · Decided December 20, 1971
69 Misc. 2d 215; 329 N.Y.S.2d 984; 1971 N.Y. Misc. LEXIS 1023

Counsel

Frank M. Nigro and Jesse Sobol for appellants. Harry Salvan for respondent.

Sansom Reporting, Inc. v. Feiner, Klaris & Curtis

Opinion of the Court

Per Curiam.

Defendants, members of a law firm, ordered from plaintiff daily copy of the minutes of a hearing before the Securities and Exchange Commission in connection with a matter involving their client. Although the order blank was signed by a member of the firm in individual name it identified the case and included the name of the client. There is no showing that the attorneys intended to be personally liable for these minutes and, in these circumstances, under established law they are not responsible. (For the general rule of the law of agency see Mencher v. Weiss, 306 N. Y. 1,4 and cases there cited; for the specific rule relating to attorneys see Matter of May, 27 N Y 2d 529 and cases there cited.)

The judgment should be reversed, with $30 costs, and judgment directed for the defendants dismissing the complaint.

Concur — Gold, J. P., Quinn and Lupiano, JJ.

Judgment reversed, etc.

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