Legal Opinion
Metered Appliances, Inc. v. 75 Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 7, 1996PublishedCited by 4 opinions
1Opinion of the Court
Defendant’s predecessor entered into a lease in 1989 with the third-party defendant, a corporation previously dissolved by the Secretary of State pursuant to Tax Law § 203-a for failure to pay franchise tax. While a corporate dissolution may not affect the corporation’s right to carry on business for the purpose of winding up its affairs (see, Bowditch v 57 Laight St. Corp., 111 Misc 2d 255), new business is prohibited absent reinstatement by payment of back taxes (see, Lorisa Capital Corp. v Gallo, 119 AD2d 99, 110). As plaintiff did not seek reinstatement, the IAS Court properly held that…
2Cases cited3 opinions
- Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
- Bowditch v. 57 Laight Street Corp.New York Supreme Court · 1981
- B & O Realty Corp. v. Chong-Yau JengAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Judarl, L. L. C. v. Cycletech, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- AGV Productions, Inc. v. Metro-Goldwyn-Mayer, Inc.District Court, S.D. New York · 2000
- Olympus America, Inc. v. 5th Avenue Photo Inc.Civil Court of the City of New York · 2002
- Cloister E., Inc. v. New York State Liq. Auth.Appellate Division of the Supreme Court of the State of New York · 2022