1230 Park Assocs., LLC v. N. Source, LLC, 48 A.D.3d 355 (N.Y. App. Div. 2008). · Go Syfert
1230 Park Assocs., LLC v. N. Source, LLC, 48 A.D.3d 355 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 4 distinct courts.
Strongest positive: BP3 Capital, LLC v. 5120 Realty Corp. (nyappdiv, 2026-05-27)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) BP3 Capital, LLC v. 5120 Realty Corp. (2×)
N.Y. App. Div. · 2026 · confidence medium
While the plaintiff relied on the purported bylaws it received from Wing Fung Chau that identified him as the sole shareholder of the corporation and the loan documents he signed that identified him as the president, the plaintiff produced no evidence that it took any further steps to assure itself that Wing Fung Chau had the authority to enter into the loan transaction ( see 1230 Park Assoc., LLC v Northern Source, LLC , 48 AD3d 355, 356; 150 Beach 120th St., Inc. v Washington Brooklyn Ltd.
discussed Cited as authority (rule) Landcastle Acquisition Corp. v. Renasant Bank
11th Cir. · 2023 · confidence medium
Ct. App. 2017) (holding, where an agent acted under an invalid grant of power of attorney, that “the deeds that [the agent] executed pursuant to [the purported agency relationship] were void ab initio”); 1230 Park Assocs., LLC v. N. Source, LLC, 852 N.Y.S.2d 92, 93 (N.Y.
discussed Cited as authority (rule) Emigrant Bank v. Rosabianca (2×)
N.Y. App. Div. · 2017 · confidence medium
However, it had a duty of reasonable inquiry into the scope of Luigi Rosabianca’s authority (id.; see also Collision Plan Unlimited, 63 NY2d at 830 ; 1230 Park Assoc., LLC v Northern Source, LLC, 48 AD3d 355, 356 [1st Dept 2008]).
cited Cited as authority (rule) Regency Oaks Corp. v. Norman-Spencer McKernan, Inc.
N.Y. App. Div. · 2015 · confidence medium
Co., 55 AD3d 1108, 1110 [2008]; 1230 Park Assoc., LLC v Northern Source, LLC, 48 AD3d 355, 355-356 [2008]).
cited Cited as authority (rule) Regency Oaks Corp. v. Norman-Spencer McKernan, Inc.
N.Y. App. Div. · 2015 · confidence medium
Co., 55 AD3d 1108, 1110 [2008]; 1230 Park Assoc., LLC v Northern Source, LLC, 48 AD3d 355, 355-356 [2008]).
discussed Cited as authority (rule) Simmons v. Ball
Ala. · 2011 · confidence medium
In 1230 Park Associates, LLC v. Northern Source, LLC, 48 A.D.3d 355, 355 , 852 N.Y.S.2d 92, 93 (2008), the Supreme Court of New York County declared several loans from one limited-liability company to another "null and void” because the part owner "had no authority to enter into the relevant loan transactions.” Similarly, in Halstead Brooklyn, LLC v. 96-98 Baltic, LLC, 49 A.D.3d 602 , 854 N.Y.S.2d 437 (2008), a brokerage agreement signed on behalf of the limited-liability company by someone other than a manager, in violation of the company’s operating agreement, was unenforceable.
discussed Cited "see" Concierge Auctions, LLC v. A-M 2018 Homes, LLC
S.D.N.Y. · 2024 · signal: see · confidence high
See 1230 Park Assocs., LLC v. N. Source, LLC, 48 A.D.3d 355, 356 (1st Dep’t 2008) (examining, for purposes of ascertaining apparent authority, whether any “acts or statements” by other members of an LLC “conferred such authority” to a member that acted unilaterally); see also Partial Award at 12 (“By Hajjaj attending the auction, and not objecting, as he watched A-M’s Property be auctioned off, he provided additional evidence to [Concierge] that Khreshi had always acted with his consent and authorization, to the extent such authorization was truly required . . . ”).
Retrieving the full opinion text from the archive…
1230 Park Associates, LLC
v.
Northern Source, LLC
Appellate Division of the Supreme Court of the State of New York.
Feb 26, 2008.
48 A.D.3d 355
Cited by 12 opinions  |  Published

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered May 18, 2007, which, to the extent appealed from as limited by the briefs, denied plaintiffs’ motion for summary judgment, unanimously reversed, on the law, with costs, and the motion granted, declaring defendant’s loans null and void and directing return of the collateral and cancellation of the UCC financing statement, and the matter remanded for further proceedings.

Stanley Soltzer, part owner of plaintiffs, had no authority to enter into the relevant loan transactions with defendant on plaintiffs’ behalf. To the contrary, the operating agreements that governed plaintiffs each made clear that plaintiffs’ business affairs could be conducted only by a majority vote of their operating managers. Here, there was no majority vote by either plaintiff; indeed, plaintiffs had no knowledge of the loan transactions. Furthermore, Soltzer had no apparent authority to enter into the transactions. Apparent authority must be based on[*356] words or conduct of the principal, communicated to a third party, that give rise to the appearance and belief that the agent possesses authority to enter into a transaction; an agent cannot, though his own acts, cloak himself with apparent authority (see Hallock v State of New York, 64 NY2d 224, 231 [1984]). This rule holds especially true where a party fails to conduct a reasonable inquiry into the scope of the purported agent’s authority (see Ford v Unity Hosp., 32 NY2d 464, 472-473 [1973]; Morgold, Inc. v ACA Galleries, 283 AD2d 407 [2001]). Here, Soltzer’s only authority arose from his own acts. No acts or statements by plaintiffs conferred such authority (56 E. 87th Units Corp. v Kingsland Group, Inc., 30 AD3d 1134 [2006]). To the contrary, the documents upon which defendant solely relied were provided to it by Soltzer, and defendant took no further steps to assure itself that Soltzer had the authority to enter into the loan transactions (see Fleet Bank v Consola, Ricciteli, Squadere Post No. 17, 268 AD2d 627, 630 [2000]).

Finally, defendant did not have a valid and enforceable security interest in the collateral, as Soltzer had no authority, apparent or otherwise, to pledge plaintiffs’ property as collateral for the loans. Concur—Tom, J.P., Saxe, Friedman, Gonzalez and McGuire, JJ.