POLISH-AMERICAN MEDIA, INC. v. JOZWIAK


29 A.D.3d 663 (2006)

814 N.Y.S.2d 713

POLISH-AMERICAN MEDIA, INC., Respondent, v. JANUSZ JOZWIAK et al., Defendants, and BOZENA KAMINSKI et al., Appellants.

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

May 9, 2006.


Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, the president of the plaintiff corporation had the implied authority to institute this action on its behalf. Absent a provision in the certificate of incorporation or bylaws or action by the board of directors prohibiting the president from instituting suit in the name and on behalf of the corporation (see Not-For-Profit Corporation Law § 202 [a] [2]), the president...

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