West View Hills, Inc. v. Lizau Realty Corp.

In this appeal, by permission, the question posed is whether the president of the plaintiff corporation, at the time the action was originally instituted, had the power, as president, to institute the action on behalf of the corporation. In answering such question in favor of the plaintiff both Special Term and the court below correctly applied the accepted principle that when there has been no direct prohibition “ the president has presumptive authority, in the discharge of his duties, to defend and prosecute suits in the name of the corporation ” (Rothman & Schneider v. Beckerman, 2 N Y 2d…