Legal Opinion
McIntosh Builders, Inc. v. Ball
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1998PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Yesawich Jr., J.
After plaintiffs, a Delaware corporation and its principal, commenced this action for, inter alia, breach of contract and legal malpractice, defendants moved for summary judgment claiming, among other things, that plaintiff McIntosh Builders, Inc. lacked the capacity to maintain the action inasmuch as its authority to do business in New York had been annulled. Because the corporation did not, in fact, have the requisite authority, and admitted that it owed back taxes to the State, Supreme Court gave it 60 days to cure this defect. The court also dismissed…
2Cases cited6 opinions
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- People v. GiordanoNew York Court of Appeals · 1995
- Hot Roll Mfg. Co. v. Cerone Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Hopper v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1996
- Ballen v. Aero Mayflower Transit Co.Appellate Division of the Supreme Court of the State of New York · 1988
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3Cited by5 opinions
- Lew Beach Co. v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2010
- McIntosh Builders, Inc. v. BallAppellate Division of the Supreme Court of the State of New York · 1999
- RMS Residential Properties, LLC v. NaazeNassau County District Court · 2010
- Acquisition America VI, LLC v. LamadoreCivil Court of the City of New York · 2004
- In re New Jersey Window Sales, Inc.New York Supreme Court · 2001