RCA Records v. Wiener

Judgment, Supreme Court, New York County (Felice K. Shea, J.), entered on or about April 7, 1989, after a nonjury trial, which awarded plaintiff damages in the amount of $62,526.30 for breach of contract, unanimously affirmed, with costs and disbursements. The appeal, having been taken from the order of the same court entered March 14, 1989, is deemed to be taken from the judgment entered thereon.

A defense that a corporate plaintiff has failed to comply with the requirements of Business Corporation Law § 1312 is based on the premise that plaintiff is without legal capacity to sue, and this…