Legal Opinion

Boslow Family Ltd. Partnership v. Glickenhaus & Co.

New York Court of Appeals

Decided December 14, 2006PublishedCited by 13 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

The courts below dismissed the complaint on the grounds that plaintiff, a purported limited partnership, had not filed its initial certificate with the Department of State at the time it entered into a contract with defendant or at the time it brought suit. We reverse on the ground that defendant is estopped from raising plaintiffs claimed lack of capacity to contract or sue as a defense to this case.

In 1997, the Boslow family signed an initial certificate of limited partnership to form plaintiff, the Boslow Family Limited Partnership, and entmsted the…

2Cases cited4 opinions

  1. Mayor, Etc., of New York v. . SonnebornNew York Court of Appeals · 1889
  2. Timberline Equipment Company, Inc. v. DavenportOregon Supreme Court · 1973
  3. City of Buffalo v. . BalcomNew York Court of Appeals · 1892
  4. Stevens v. Episcopal Church History Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by13 opinions

  1. Rubenstein v. MayorAppellate Division of the Supreme Court of the State of New York · 2007
  2. In re CooperDistrict Court, S.D. Illinois · 2018
  3. Ji Juan Lin v. Bo Jin ZhuAppellate Division of the Supreme Court of the State of New York · 2021
  4. Tradesman Program Mgrs., LLC v. DoyleAppellate Division of the Supreme Court of the State of New York · 2022
  5. Tradesman Program Mgrs., LLC v. DoyleAppellate Division of the Supreme Court of the State of New York · 2022

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