The sole question here is the authority of the plaintiff corporation's president to institute the action in the company's name and in its behalf. Both the motion and the cross motion raise that single issue.
The certificate of incorporation appears to be silent on the question, directly and indirectly. The only pertinent provisions of the by-laws of the corporation are:
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.