Syzygy Systems Corp. v. Bader

243 A.D.2d 336, 664 N.Y.S.2d 543, 1997 N.Y. App. Div. LEXIS 10227

Opinion

Judgment, Supreme Court, New York County (Stuart Cohen, J.), entered April 3, 1997, dismissing the complaint, and bringing up for review a prior order, same court and Justice, entered December 5, 1996, which, in an action for legal malpractice, granted defendant-respondent’s motion to dismiss the complaint for lack of legal capacity to sue, unanimously affirmed, with costs.

The complaint was properly dismissed on the ground that plaintiff, a dissolved corporation, fails to allege facts showing that it had an attorney-client relationship with defendant prior to its dissolution, and thus legal capacity to sue (Business Corporation Law § 1006 [b]). We have considered plaintiffs other argument and find them to be without merit. Concur— Milonas, J. P., Rubin, Mazzarelli and Andrias, JJ.