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BOSLOW FAMILY v. GLICKENHAUS

7 N.Y.3d 664 (2006)

860 N.E.2d 711

827 N.Y.S.2d 94

BOSLOW FAMILY LIMITED PARTNERSHIP, Appellant, v. GLICKENHAUS & CO., Respondent.

Court of Appeals of New York.

Decided December 14, 2006.

Attorney(s) appearing for the Case

Llorca & Hahn LLP, New York City (Richard E. Hahn of counsel), for appellant.

Chadbourne & Parke LLP, New York City (Alan I. Raylesberg and Matthew I. Kliegman of counsel), for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and SMITH concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

PIGOTT, J.

The courts below dismissed the complaint on the grounds that plaintiff, a purported limited partnership, had not filed its initial certificate with the Department of State at the time it entered into a contract with defendant or at the time it brought suit. We reverse on the ground that defendant is estopped from raising plaintiff's claimed lack of capacity to contract or sue...

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