HAPPY BANANA, LTD. v. TISHMAN CONSTR. CORP. OF N. Y.


179 A.D.2d 562 (1992)

Happy Banana, Ltd., Respondent, v. Tishman Construction Corporation of N. Y. et al., Appellants

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

January 28, 1992


Plaintiff alleges that defendants' activities in constructing and renovating a building next door to its restaurant so interfered with its customer traffic as to force it to go out of business. Upon completion of disclosure, defendants moved to dismiss the complaint on the ground that plaintiff's president, who had resigned in December 1988 as part of an arrangement with its creditor, did not have the authority to commence the action in January 1989. In opposition, plaintiff...

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