Legal Opinion
D & W Central Station Alarm Co. v. Copymasters, Inc.
Civil Court of the City of New York
Decided November 29, 1983PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
Defendant’s motion to enjoin the enforcement of a judgment (CPLR 5232) places in issue whether a New York State corporation can avoid its obligations to creditors, and/or the payment of its corporate franchise taxes, by simply refiling a certificate of incorporation after its dissolution by proclamation.
Defendant contends it can in that as a result of its involuntary dissolution and reincorporation, it has become an entity different than the one against which plaintiff’s judgment was taken.
Plaintiff maintains that defendant has remained a continuous…
2Cases cited1 opinion
- Wilkins v. Sirael Realty Corp.New York Supreme Court · 1940
3Cited by11 opinions
- Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
- In Re 234-6 West 22nd St. Corp.United States Bankruptcy Court, S.D. New York · 1997
- J. M. Lynne Co. v. GeraghtySupreme Court of Connecticut · 1987
- Camacho v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1985
- Petersen v. VallenzanoDistrict Court, S.D. New York · 1994
6 more not listed; retrieve them via the Exa API.