HARRIS v. STONY CLOVE LAKE ACRES, INC.


221 A.D.2d 833 (1995)

633 N.Y.S.2d 691

Leon S. Harris, Plaintiff, and Michael Gangi Plumbing & Heating Contractors, Inc., Appellant, v. Stony Clove Lake Acres, Inc., Respondent, et al., Defendants

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

November 22, 1995


Cardona, P. J.

The issue presented is whether a corporation, dissolved by the Secretary of State, may defend a foreclosure action relating to its corporate assets. We answer in the affirmative. A dissolved corporation retains the power to "continue to function for the purpose of winding up [its] affairs" (Business Corporation Law § 1006 [a]). This includes the power to fulfill or discharge its contracts, collect and sell assets, pay debts and "do...

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