Berma Management Corp. v. 140 W. 42nd St. Realty, Inc.

The sole question here is the authority of the plaintiff corporation’s president to institute the action in the company’s name and in its behalf. Both the motion and the cross motion raise that single issue.

The certificate of incorporation appears to be silent on the question, directly and indirectly. The only pertinent provisions of the by-laws of the corporation are:

‘ ‘ 15. The business of this corporation shall be managed by its board of directors which may exercise all such powers of the corporation and do all such lawful acts and things as are not by statute or by the certificate of…