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Case Citations [1] (July 2018 through August 2019)

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                                     AGENCY 2D



Generally

S.D.N.Y.2018.  Cit. generally in cases cit. and quot. in disc. Tenants brought a lawsuit against landlord
and landlord's father, alleging, among other things, that landlord's father unlawfully evicted tenants in
violation of a stay of eviction, and that landlord's father was landlord's agent. This court granted in part
plaintiffs' motion for summary judgment, holding, inter alia, that landlord could be liable for his father's
actions, because, after his father had sold the apartment to landlord, landlord's father was delegated
authority to maintain the apartment units and to pay property taxes. The court noted that the U.S.
Supreme  Court and the Second Circuit had cited Restatement Second of Agency in discussing vicarious
liability within the context of Fair Housing Act violations. Khodeir v. Sayyed, 348 F.Supp.3d 330, 342.



                          CHAPTER 1. INTRODUCTORY MATTERS

                                     TOPIC   1. DEFINITIONS

§ 1. Agency; Principal; Agent

S.D.N.Y.2018.  Cit. in disc. (general cite). Tenants brought a lawsuit against landlord and landlord's
father, alleging, among other things, that landlord's father unlawfully evicted tenants in violation of a
stay of eviction, and that landlord's father was landlord's agent. This court granted in part plaintiffs'
motion for summary  judgment, holding, inter alia, that landlord could be liable for his father's actions,
because, after his father had sold the apartment to landlord, landlord's father became landlord's agent.
The court cited Restatement Second of Agency § 1 in explaining that landlord implicitly manifested his
intent for his father to be his agent by letting his father manage the apartment unit and pay its property
taxes, that his father accepted the role, and that defendants understood landlord to be in control over the
endeavor. Khodeir v. Sayyed, 348 F.Supp.3d 330, 342.

M.D.Pa.Bkrtcy.Ct.2018.   Cit. in disc. Creditor and creditor's spouse bought an adversary proceeding
against debtor, seeking nondischargeability of debt under the Bankruptcy Code, alleging that debtor
acted willfully and maliciously, and fraudulently induced creditor to purchase items that debtor
misrepresented as collectibles. This court granted debtor's motion to dismiss in part, holding, inter alia,
that creditor's spouse would be dropped as a plaintiff because she had no specific interaction or
contractual relationship with debtor. The court cited Restatement Second of Agency § 1 in explaining
that creditor could not claim to have been an agent for his spouse merely by alleging that he purchased
the collectibles for his spouse, and that, to have an agent-principal relationship with her, he had to have
had some  form of express authority, implied authority, apparent authority, or authority by estoppel, to
act on her behalf. In re Palmiter, 591 B.R. 208, 216.

Fla.App.2018.  Cit. in case quot. in sup. Real-estate broker sued utility company, alleging that he was
entitled to a commission in connection with defendant's purchase of a multimillion-dollar property
under an agreement that he entered into with its senior project director of development during a tailgate
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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