Legal Opinion

Expomotion, Ltd. v. Heidepriem-Santandrea, Inc.

Civil Court of the City of New York

Decided October 23, 1979PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Ira Gammerman, J.

In this action on an account stated and for services rendered, defendants assert that plaintiff, a corporation dissolved by proclamation for tax delinquency, lacks the capacity to enforce an obligation arising after dissolution.

The plaintiff corporation was duly incorporated in 1970. In 1974, it was dissolved by proclamation for tax delinquency and has never been revived or reinstated. Despite the dissolution, plaintiff carried on its affairs as usual, exercising its corporate powers, entering into leases, maintaining bank accounts, filing Federal tax…

2Cases cited6 opinions

  1. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  2. Garzo v. Maid of the Mist Steamboat Co.New York Court of Appeals · 1952
  3. Vinlis Construction Co. v. RoreckNew York Supreme Court · 1971
  4. A. A. Sutain, Ltd. v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1965
  5. A. A. Sutain, Ltd. v. Montgomery Ward & Co.New York Court of Appeals · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994
  2. Lorisa Capital Corp. v. GalloAppellate Division of the Supreme Court of the State of New York · 1986
  3. Lewis v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1986
  4. Bowditch v. 57 Laight Street Corp.New York Supreme Court · 1981
  5. McCarthy v. AzureCourt of Appeals for the First Circuit · 1994

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