Seventy-Three First Avenue Corp. v. Braunstein Bros. Carbonic Sales Corp.

Motions Nos. 29 and 30 of May 19, 1938, are considered together.

The defendant moves to dismiss,the action on the ground that the plaintiff, a domestic corporation, was dissolved by proclamation of the Secretary of State made and published pursuant to section 203-a of the Tax Law, more than three months ago, on December 15, 1937, which proclamation was not thereafter annulled by any proceedings under subdivision 7 of the same section.

On behalf of plaintiff a cross-motion is made to continue the action in the names of its two directors, who are said to have been its only directors at the time…