Syzygy Systems Corp. v. Bader

Full title: SYZYGY SYSTEMS CORP., Appellant, v. HOWARD BADER, Respondent, et al.…

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

Date published: Oct 21, 1997

243 A.D.2d 336 (N.Y. App. Div. 1997)

664 N.Y.S.2d 543

Opinion

October 21, 1997

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

The complaint was properly dismissed on the ground that plaintiff, a dissolved corporation, fails to allege facts showing that it had an attorney-client relationship with defendant prior to its dissolution, and thus legal capacity to sue (Business Corporation Law § 1006 [b]). We have considered plaintiff's other argument and find them to be without merit.

Concur — Milonas, J.P., Rubin, Mazzarelli and Andrias, JJ.