Legal Opinion
Flannery v. General Motors Corp.
New York Court of Appeals
Decided July 6, 1995PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative. Plaintiff does not contest that he failed to file an affidavit of compliance as required by Business Corporation Law § 307 (c) (2). That defect is jurisdictional and does not constitute a "mere irregularity]” subject to cure (see, Flick v StewartWamer Corp., 76 NY2d 50, 57 [holding that strict compliance with the procedures of Business Corporation Law § 307 is required to effect service on an unauthorized foreign corporation]; Stewart v…
2Cases cited5 opinions
- Flick v. Stewart-Warner Corp.New York Court of Appeals · 1990
- Stewart v. Volkswagen of America, Inc.New York Court of Appeals · 1993
- David v. FuchsAppellate Division of the Supreme Court of the State of New York · 1994
- Smolen v. Cosco, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- David v. FuchsNew York Court of Appeals · 1994
3Cited by14 opinions
- New York City Housing Authority v. FountainCivil Court of the City of New York · 1997
- VanNorden v. Mann Edge Tool Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Breer v. Sears, Roebuck & Co.New York Supreme Court · 2000
- Green 333 Corp. v. RNL Life Science, Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Elzofri v. American Express Co.New York Supreme Court · 2010
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