context: That testimony was corroborated by the testimony and affidavit of Lieberman, who indicated that Mr. Gonzalez retained his services and that he never met or spoke with Olga Gonzalez during his period of representation. An attorney is not authorized to represent any person without the consent of that person or someone with authority to represent that person. Olga Gonzalez not only never consented to Lieberman's representation, but was never even aware of it. We will not presume that Mr. Gonzalez had the authority to act as Olga's agent in obtaining representation for her.
citation_a.signal: see
citation_a.parenthetical: no presumption arises from mere fact of marriage that one spouse is acting as the agent of another, and an attorney acting on behalf of the husband was not authorized to permit entry of summary judgment against the wife
citation_a.sentence: See Gentry v. Hill, 57 N.C.App. 151, 290 S.E.2d 777 (Ct.App.1982) (no presumption arises from mere fact of marriage that one spouse is acting as the agent of another, and an attorney acting on behalf of the husband was not authorized to permit entry of summary judgment against the wife); see also Petty v. Field, 97 A.D.2d 538, 467 N.Y.S.2d 898 (App.Div.1983) (where ex-wife entered into agreement with attorney to secure recovery of insurance proceeds, the attorney was not authorized to represent the ex-husband), appeal dismissed, 61 N.Y.2d 902, 462 N.E.2d 1201, 474 N.Y.S.2d 483 (1984); NRK Management Corp. v. Donahue, 109 Misc.2d 601, 440 N.Y.S.2d 524 (Civ.Ct.1981) (daughter’s attorney was not authorized to represent the daughter’s mother and the mother’s husband in moving to dismiss). Since Lieberman was without authority to act on behalf of Olga Gonzalez, his appearance cannot be deemed a waiver of any objection to the defective service.
citation_b.signal: see also
citation_b.parenthetical: where ex-wife entered into agreement with attorney to secure recovery of insurance proceeds, the attorney was not authorized to represent the ex-husband
citation_b.sentence: See Gentry v. Hill, 57 N.C.App. 151, 290 S.E.2d 777 (Ct.App.1982) (no presumption arises from mere fact of marriage that one spouse is acting as the agent of another, and an attorney acting on behalf of the husband was not authorized to permit entry of summary judgment against the wife); see also Petty v. Field, 97 A.D.2d 538, 467 N.Y.S.2d 898 (App.Div.1983) (where ex-wife entered into agreement with attorney to secure recovery of insurance proceeds, the attorney was not authorized to represent the ex-husband), appeal dismissed, 61 N.Y.2d 902, 462 N.E.2d 1201, 474 N.Y.S.2d 483 (1984); NRK Management Corp. v. Donahue, 109 Misc.2d 601, 440 N.Y.S.2d 524 (Civ.Ct.1981) (daughter’s attorney was not authorized to represent the daughter’s mother and the mother’s husband in moving to dismiss). Since Lieberman was without authority to act on behalf of Olga Gonzalez, his appearance cannot be deemed a waiver of any objection to the defective service.