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B & O REALTY CORP. v. JENG

201 A.D.2d 439 (1994)

609 N.Y.S.2d 776

B & O Realty Corp., Appellant, v. Chong-Yau Jeng et al., Respondents

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

February 24, 1994

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...

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