Syzygy Systems Corp. v. Bader

Appellate Division of the Supreme Court of New York

Syzygy Systems Corp. v. Bader

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 21, 1997

StatusPublished

Cited by2 cases

This text of 243 A.D.2d 336 (Syzygy Systems Corp. v. Bader) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Syzygy Systems Corp. v. Bader, 243 A.D.2d 336, 664 N.Y.S.2d 543, 1997 N.Y. App. Div. LEXIS 10227 (N.Y. Ct. App. 1997).

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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.

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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.

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Bluebook (online)

243 A.D.2d 336, 664 N.Y.S.2d 543, 1997 N.Y. App. Div. LEXIS 10227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/syzygy-systems-corp-v-bader-nyappdiv-1997.

Opinion

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