Emergency Beacon Corp. v. Polish

In an action, inter alia, to recover damages for legal malpractice and for conspiracy to defraud, defendant Sherman and Citron appeals from so much of an order of the Supreme Court, Westchester County, dated May 5, 1978, as denied its motion to dismiss pursuant to CPLR 3211 (subd [a], par 3), on the ground that plaintiff Emergency Beacon Corporation lacked legal capacity to sue. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and action on behalf of the plaintiff corporation is dismissed. Before it commenced this action, the plaintiff corporation had…