MATAPOS TECHNOLOGY LIMITED v. COMPANIA ANDINA DE COMERCIO LTDA

1896, 600384/08

68 A.D.3d 672 (2009)

2009 NY Slip Op 9713

891 N.Y.S.2d 394

MATAPOS TECHNOLOGY LIMITED, Respondent, v. COMPANIA ANDINA DE COMERCIO LTDA, Also Known as COMPANEX, Appellant.

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

Decided December 29, 2009.


Plaintiff demonstrated it was a holder of the subject notes, and had a capacity to sue thereunder. Defendant failed to demonstrate a genuine defense to the notes. The notes were made payable to a Delaware corporation that later merged with another Delaware corporation, which in turn assigned to plaintiff its rights to the notes. The surviving corporation had the power to make that assignment (see Business Corporation Law § 906 [b]; Del Code Ann, tit 8, §...

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