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McINTOSH BLDRS. v. BALL

247 A.D.2d 103 (1998)

678 N.Y.S.2d 810

McIntosh Builders, Inc., et al., Respondents, v. Dwight R. Ball et al., Appellants, et al., Defendants

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

October 22, 1998

Attorney(s) appearing for the Case

Chernin & Gold, Binghamton (Margaret J. Fowler of counsel), for Dwight R. Ball and others, appellants.

Hinman, Howard & Kattell, Binghamton (N. Theodore Sommer of counsel), for John P. Ayres and others, appellants.

O'Hara & O'Connell, Syracuse (James P. Evans of counsel), for respondents.

MIKOLL, J. P., MERCURE, CREW III and PETERS, JJ., concur.

YESAWICH JR., J.

After plaintiffs, a Delaware corporation and its principal, commenced this action for, inter alia, breach of contract and legal malpractice, defendants moved for summary judgment claiming, among other things, that plaintiff McIntosh Builders, Inc. lacked the capacity to maintain the action inasmuch as its authority to do business in New York had been annulled. Because the corporation...

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