Plaintiff Grutman and defendant, having agreed to form a law partnership, signed a lease for certain office space. The partnership was not formed, and defendant moved out. Plaintiffs have brought this action for damages under the lease agreement. One who signs an agreement on behalf of a nonexistent principal may himself be held liable on that agreement (Brandes Meat Corp. v. Cromer, 146 A.D.2d 666, 667; Imero Fiorentino Assocs. v. Green, 85 A.D.2d 419, 420-421). The customary indices of partnership are not prerequisites for liability. On a search of the record it is determined that plaintiffs are entitled to damages consequent on defendant's breach of his obligation as a signator to the lease, which damages plaintiffs have mitigated by subletting. Plaintiffs may prove the quantum of their damages on remand.
Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.