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FLUSHING PLAZA ASSOCIATES #2 v. ALBERT

31 A.D.3d 494 (2006)

818 N.Y.S.2d 252

FLUSHING PLAZA ASSOCIATES #2 et al., Respondents, v. WARREN S. ALBERT, Appellant, et al., Defendants.

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

July 11, 2006.

Ordered that the order and judgment is reversed, on the law, with costs, and the motion is denied.

The facts here are not in dispute. The defendant W.S. Albert Enterprises, Inc. (hereinafter Enterprises), was incorporated in September 1990. In 1994 Enterprises was dissolved by proclamation of the New York Secretary of State (hereinafter the Secretary of State) pursuant to Tax Law § 203-a for failure to pay corporate franchise taxes. Notwithstanding that fact...

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