Opinion
October 16, 1995
Appeal from the Supreme Court, Suffolk County (Werner, J.).
Ordered that the appeal by the plaintiff Sol Sparer is dismissed for failure to perfect the appeal in accordance with the rules of this Court (see, 22 NYCRR 670.8 [c], [e]); and it is further,
Ordered that the order is reversed insofar as appealed from by the plaintiff Integrated Trade Activities Corp., that branch of the motion by Grumman International, Inc. which was to dismiss the complaint insofar as asserted on behalf of Integrated Trade Activities Corp. is denied, and that part of the complaint is reinstated; and it is further,
Ordered that Integrated Trade Activities Corp. is awarded one bill of costs.
The plaintiff Integrated Trade Activities Corp. correctly argues that it has the legal capacity to commence this action even though its sole shareholder has obtained a discharge in bankruptcy (see, In re Kolinski, 100 B.R. 695; cf., Reynolds v. Blue Cross, 210 A.D.2d 619).
We have considered the respondent's remaining contentions and find them to be without merit. Sullivan, J.P., O'Brien, Copertino and Krausman, JJ., concur.