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FLANNERY v. GEN. MOTORS CORP.

86 N.Y.2d 771 (1995)

655 N.E.2d 176

631 N.Y.S.2d 135

Harold Flannery, Appellant, v. General Motors Corporation et al., Defendants, and Truxmore, Inc., Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros, New York City (David Jaroslawicz of counsel), for appellant.

Dougherty, Ryan, Giuffra & Zambito, New York City (Robert J. Giuffra and Thomas P. Giuffra of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative. Plaintiff does not contest that he failed to file an affidavit of compliance as required by Business Corporation Law § 307 (c) (2). That defect is jurisdictional and does not constitute a "mere irregularit[y]" subject to cure (see, Flick...

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