People v. B. C. Associates, Inc.

Defendants move to vacate the ex parte order granting leave to the Attorney-General to bring this action for the annulment of the corporate defendant’s charter, and upon such vacatur, to dismiss the complaint against all the defendants by reason of the resultant lack of capacity to sue. The individual defendants move in addition to dismiss the complaint as against them for insufficiency pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice. Plaintiff cross-moves for the appointment of a temporary receiver.

The General Corporation Law (§ 91) provides that upon leave being…