Justice Angela Iannacci
Defendants moved for summary judgment dismissing the complaint in this action arising from the purchase of construction materials from plaintiff, S&K Distribution. The materials were purchased under defendants’ account, which was supported by a personal guaranty. Defendants’ ex-employee Jankowski ordered materials under defendant’s account years after he was terminated. Defendants objected to the bills claiming they never ordered the materials. Defendants learned Jankowski fraudulently placed the orders, but he acknowledged the debt in a promissory note to S&K. Yet, S&K sued defendants claiming Jankowski had apparent authority to place the orders on defendants’ behalf. The court disagreed ruling an "agent cannot by his own acts imbue himself with apparent authority." It stated defendants established their prima facie entitlement to judgment by submitting evidence that Jankowski did not work for them for many years, and had no actual authority to make purchases on its account. The court concluded S&K failed to submit sufficient evidence to create a triable issue of fact that it enquired as to Jankowski’s authority, or that it was reasonable for S&K to believe Jankowski had authority to place the order. Dismissal was granted.
