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HEALTH-LOOM CORPORATION et al., Respondents, v. SOHO PLAZA CORPORATION et al., Appellants, et al., Defendants.

In this action seeking, inter alia, enforcement of an option, the court properly denied defendants' motion for summary judgment with respect to the second cause of action. While the prime lessee's attorney did not have written authorization to bind said lessee ( see, General Obligations Law § 5-703), questions of fact exist as to whether a stipulation signed by the prime lessee's attorney extending the time to close the exercise of the option was ratified ( see, Holm v. C.M.P. Sheet Metal, 89 A.D.2d 229, 232-233). Questions of fact also exist with respect to plaintiffs' claims of intentional interference with and deprivation of the option, precluding summary judgment with respect to the ninth, tenth and eleventh causes of action.

We have considered defendants' remaining arguments and find them to be without merit.

Concur — Murphy, P.J., Wallach, Nardelli, Tom and Colabella, JJ.

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HEALTH-LOOM CO. v. SOHO PLAZA CO
(Oct 16, 1997)