Legal Opinion

Motor Club of America v. Curran

New York Supreme Court

Decided November 15, 1948PublishedCited by 1 opinion

1Opinion of the CourtBookstein, J.

The record before this court cannot justify a determination on its part that the determination of the Secretary of State is arbitrary, capricious and unreasonable and constitutes an abuse of the discretion vested in him.

The only difference between the names of the existing domestic corporation, Automobile Club of America, Incorporated, and the foreign corporation, seeking the certificate to do business in this State, is in" the use of the name of the former of the word 1 ‘ Automobile ” and in the use by the latter of the word “ Motor ”.

The respective corporate powers are almost identical; the…

2Cases cited1 opinion

  1. Matter of Barber Co. v. Dept. of StateNew York Court of Appeals · 1938

3Cited by1 opinion

  1. Motor Club of America v. CurranAppellate Division of the Supreme Court of the State of New York · 1949

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