Hellman v Hellman
2010 NY Slip Op 09813 [79 AD3d 1813]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Glenn M. Hellman, Appellant, v Bruce Hellman et al., Respondents.

—[*1] Harter Secrest & Emery LLP, Rochester (Jeffrey J. Calabrese of counsel), for plaintiff-appellant.

Nixon Peabody LLP, Rochester (Richard A. McGuirk of counsel), for defendant-respondent Bruce Hellman.

Evans & Fox LLP, Rochester (Jared P. Hirt of counsel), for defendant-respondent Stockwood LLC.

Appeal from a judgment (denominated decision and order) of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered February 12, 2010. The judgment, following a nonjury trial, among other things, determined that defendant Bruce Hellman had implied actual and presumptive authority to execute the lease at issue and dismissed plaintiff's complaint against defendant Stockwood LLC.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.