Bernstein v. Moses

This is an application for a peremptory order of mandamus to require the Secretary of State to file a certificate of incorporation under the Membership Corporations Law.

The certificate was executed in due form of law and had indorsed upon it the approval of a justice of the Supreme Court of the„ First Department. Section 10 of the Membership Corporations Law provides: “ Five or more persons may become a membership corporation for any lawful purpose, * * * except a purpose for which a corporation may be created under any general law other than this chapter.” In the certificate sought to be…