Legal Opinion

Matapos Technology Ltd. v. Compania Andina de Comercio Ltda

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2009PublishedCited by 27 opinions

1Opinion of the Court

Plaintiff demonstrated it was a holder of the subject notes, and had a capacity to sue thereunder. Defendant failed to demonstrate a genuine defense to the notes. The notes were made payable to a Delaware corporation that later merged with another Delaware corporation, which in turn assigned to plaintiff its rights to the notes. The surviving corporation had the power to make that assignment (see Business Corporation Law § 906 [b]; Del Code Ann, tit 8, § 259 [a]).

In its reply, plaintiff submitted a supplemental affidavit containing endorsements to the notes, which had inadvertently been…

2Cases cited2 opinions

  1. Kennelly v. Mobius Realty Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2006
  2. Smith v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by27 opinions

  1. Fredette v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2012
  2. U.S. Bank National Ass'n v. DellarmoAppellate Division of the Supreme Court of the State of New York · 2012
  3. DaSilva v. KS Realty, L.P.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Hall v. Elrac, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  5. LaSalle Bank, N.A. v. PaceNew York Supreme Court · 2011

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