Kemp's Bus Service, Inc. v. Livingston-Wyoming Chapter of NYSARC, Inc.

—Order insofar as appealed from unanimously reversed on the law with costs, motion granted and complaint dismissed. Memorandum: Supreme Court should have granted defendant’s motion for summary judgment in its entirety and dismissed the complaint. The court dismissed the first cause of action based on plaintiff’s stipulation. In the second cause of action, plaintiff sought a permanent injunction enjoining defendant from engaging in commercial transportation services beyond its certificate of incorporation on the ground that such services were ultra vires. Plaintiff alleged that defendant was…