96 A.D.2d 509 | N.Y. App. Div. | 1983
—In an action to compel defendant Fraken Builders, Inc., to specifically perform an alleged agreement between it and plaintiff, to enjoin said defendant from interfering with the performance by plaintiff of that contract, and for damages against defendants Henry Victorino and Teresa Chiacchia, defendant Fraken Builders, Inc., appeals from so much of a judgment of the Supreme Court, Westchester County (Marbach, J.), entered March 12, 1982, as, after a nonjury trial, held the agreement to be valid and enforceable, granted plaintiff the right to specific enforcement of the agreement, permanently enjoined appellant from interfering with the progress and completion of the installation of the cable television facilities and equipment of the plaintiff at appellant’s premises and dismissed appellant’s counterclaims. Judgment modified, on the law, by deleting the third and fourth decretal paragraphs thereof and substituting therefor a provision dismissing plaintiff’s complaint as against defendant Fraken Builders, Inc., and by deleting the sixth decretal paragraph thereof. As so modified, judgment affirmed insofar as appealed from, without costs or disbursements, and matter remitted to the Supreme Court, Westchester County, for a trial on the counterclaims asserted by defendant Fraken Builders, Inc. Appellant is the owner of four apartment buildings. Respondent is a cable television company which was awarded a nonexclusive franchise for the installation of cable television facilities in the City of New Rochelle. Thereafter, one of the respondent’s subcontractors obtained the signature of Henry Victorino, superintendent of the buildings, on a document granting respondent permission to install cable television equipment therein. Later, one Mrs. Chiacchia, who described herself as the “managing agent” of the building, also signed. Neither respondent nor its subcontractor ever sought or obtained the signature of any of appellant’s corporate officers, or of anyone at its main office in Mount Vernon. In or about the beginning of July, 1979 respondent commenced installation. The work involved drilling holes in various walls, ceilings, and floors in order to install wires throughout the four buildings. Andrew LaSala, secretary of appellant corporation, visited the premises on July 23, 1979, and first learned of the installation. He immediately caused all work to