Concrete Construction Systems, Inc. v. Jensen

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Plaintiff was incorporated in 1973 by Darrell Parks. Following the incorporation no action was taken to comply with the corporate form as prescribed by the Business Corporation Law. No organization meeting was held, no directors were elected, no officers were named and no shares were issued. Nevertheless, Parks, describing himself as president, and the defendant, Donald Jensen, using the title of vice-president, proceeded to engage in business under the corporate name, each…