B & O Realty Corp. v. Chong-Yau Jeng

Full title: B O REALTY CORP., Appellant, v. CHONG-YAU JENG et al., Respondents

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

Date published: Feb 24, 1994

201 A.D.2d 439 (N.Y. App. Div. 1994)

609 N.Y.S.2d 776

Opinion

February 24, 1994

Appeal from the Supreme Court, New York County (Herman Cahn, J.).

Since plaintiff corporation was dissolved, the trial court properly concluded that since plaintiff, as a delinquent corporation, had not sought reinstatement by paying back taxes and penalties, it had no legal capacity to commence this action (Lorisa Capital Corp. v. Gallo, 119 A.D.2d 99, 110). In passing, we note that plaintiff's contention that the landlord obtained possession of the premises in violation of RPAPL 853 was not raised below and is without merit.

We have considered plaintiff's remaining contentions and find them to be without merit.

Concur — Rosenberger, J.P., Ross, Asch, Rubin and Williams, JJ.