Legal Opinion
Harris v. Michael Gangi Plumbing & Heating Contractors, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 1995PublishedCited by 4 opinions
1Opinion of the Court
—Cardona, P. J.
Appeal from an order of the Supreme Court (Connor, J.), entered October 18, 1994 in Greene County, which, inter alia, granted the motion of defendant Stony Clove Lake Acres, Inc. for vacatur of a default judgment entered against it.
The issue presented is whether a corporation, dissolved by the Secretary of State, may defend a foreclosure action relating to its corporate assets. We answer in the affirmative. A dissolved corporation retains the power to "continue to function for the purpose of winding up [its] affairs” (Business Corporation Law § 1006 [a]). This includes the…
2Cases cited6 opinions
- Independent Investor Protective League v. Time, Inc.New York Court of Appeals · 1980
- McKay v. LongmanAppellate Division of the Supreme Court of the State of New York · 1993
- First Federal Savings & Loan Ass'n v. CapalongoAppellate Division of the Supreme Court of the State of New York · 1989
- Pickney v. WoodAppellate Division of the Supreme Court of the State of New York · 1990
- Bradley v. RogersAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by4 opinions
- Matter of City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2021
- Bruce Supply Corp. v. New Wave Mechanical, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Long Oil Heat, Inc. v. PolsinelliAppellate Division of the Supreme Court of the State of New York · 2015
- Long Oil Heat, Inc. v. PolsinelliAppellate Division of the Supreme Court of the State of New York · 2015