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KINLAY v. HENLEY

57 A.D.3d 219 (2008)

868 N.Y.S.2d 62

JONATHAN KINLAY et al., Appellants, v. RONALD HENLEY et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

December 2, 2008.

The individual plaintiff is the owner and chief executive officer of the corporate plaintiff. Two months after plaintiffs' attorney was relieved by the court, defendants moved to dismiss the claims of the corporation pursuant to CPLR 321 (a), which requires a corporation to appear by an attorney. The corporation then assigned all of its claims in the action to the individual plaintiff, admittedly to evade CPLR 321 (a), a perfectly legitimate tactic (Kamp v In Sportswear...

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