Appeal by plaintiff from an order of the District Court, Nassau County (H. Miller, J.), entered December 2, 2003, which denied plaintiff's motion for summary judgment.

Order unanimously affirmed without costs.

"An agent who signs an agreement on behalf of a disclosed principal will not be held liable for its performance unless the agent clearly and explicitly intended to substitute his personal liability for that of his principal" (Yellow Book of NY v DePante, 309 AD2d 859, 860 [2003]; see also Savoy Record Co. v Cardinal Export Corp., 15 NY2d 1, 4-6 [1964]; Salzman Sign Co. v Beck, 10 NY2d 63, 67 [1961]; Star Video Entertainment v J & I Video Distrib., 268 AD2d 423 [2000]; American Media Concepts v Atkins Pictures, 179 AD2d 446 [1992]; Paribas Props. v Benson, 146 AD2d 522 [1989]). In the instant matter, defendant Ira Zimilover signed plaintiff's form contract on a single line which set forth that by executing the contract Zimilover was signing both "Individually and For Company." The contract further directed one to read a [*2]clause on the reverse side of the one page contract which provided that "The signer of the contract does, by his execution of this agreement, personally undertake and assume the full performance hereof including payments of amounts due hereunder." Upon a review of the record, we find that a triable issue of fact exists as to whether defendant Zimilover clearly and explicitly intended to substitute his personal liability for that of his principal (Yellow Book of NY v DePante, 309 AD2d at 860).
Decision Date: December 15, 2004