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BROOKLYN ELECTRICAL SUPPLY CO., INC. v. JASNE & FLORIO, LLP

No. 105451/06, 102219/06, Mot. Seq. No. 007, Mot. Seq. No. 008.

84 A.D.3d 997 (2011)

922 N.Y.S.2d 804

BROOKLYN ELECTRICAL SUPPLY CO., INC., Appellant, v. JASNE & FLORIO, LLP, Respondent.

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

Decided May 17, 2011.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant established, prima facie, that the plaintiff, a dissolved corporation, lacked the capacity to sue because the plaintiff had been dissolved before the defendant was retained, and this legal malpractice action does not relate to the plaintiff's winding up of its corporate affairs (see Business Corporation Law § 1005 [a] [1]; § 1006 [a] [4]; [b]; Matter of 172 E...

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