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Mock v. Spivey Co.

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1990
167 A.D.2d 230 (N.Y. App. Div. 1990)

Summary

applying Pennsylvania law as to the capacity of a dissolved Pennsylvania corporation to be sued

Summary of this case from CBF Indústria De Gusa S/A/ v. Steel Base Trade AG

Opinion

November 15, 1990

Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).


Plaintiff was allegedly injured while working on a conveyor belt at a New York United Parcel Service facility on March 19, 1987. More than a year later, he sued, inter alia, Spivey Company, Inc., a Pennsylvania corporation, asserting causes of action in negligence, breach of warranty and strict products liability. Spivey Company, Inc. was dissolved pursuant to a Pennsylvania Department of State certificate on March 18, 1985. Supreme Court dismissed the action against defendant based upon the provisions of Pennsylvania law (Pa Cons Stat Annot § 2111 [A]), permitting suit against a dissolved corporation only within two years of such dissolution. The same statutory provision has previously been held to be a substantive limitation upon a plaintiff's right to sue, entitled to extraterritorial application by the New York court (Bayer v. Sarot, 51 A.D.2d 366, affd. on opn. below 41 N.Y.2d 1070).

Concur — Kupferman, J.P., Carro, Ellerin, Wallach and Smith, JJ.


Summaries of

Mock v. Spivey Co.

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 1990
167 A.D.2d 230 (N.Y. App. Div. 1990)

applying Pennsylvania law as to the capacity of a dissolved Pennsylvania corporation to be sued

Summary of this case from CBF Indústria De Gusa S/A/ v. Steel Base Trade AG

In Mock v Spivey Co., 167 AD2d 230 (1st Dept 1990) plaintiff asserted causes of action in negligence, breach of warranty and strict products liability against Spivey Company, Inc.(Spivey), a Pennsylvania corporation.

Summary of this case from Friedel v. Asbestos Corp. (In re Eighth Judicial Dist. Asbestos Litig.)
Case details for

Mock v. Spivey Co.

Case Details

Full title:EDGAR MOCK, Appellant, v. SPIVEY COMPANY, INC., et al., Respondents, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 15, 1990

Citations

167 A.D.2d 230 (N.Y. App. Div. 1990)

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