For Your Data 711 Kings Highway Corp. V. F.I.M.’S Marine Repair Serv., Inc. Illustration Brief

711 Kings Highway Corp. v. F.I.M.’s Marine Repair Serv., Inc. representative brief summary
273 N.Y.S.2d 299 (1966)

CASE SYNOPSIS

Plaintiff landlord brought an activeness against accused tenant together with sought a annunciation that the lease understanding was invalid or for recission of the lease. The tenant filed a motility to flaming the activeness on the Blue Planet of legal insufficiency pursuant to N.Y. C.P.L.R. 3211(a).

CASE FACTS
The tenant's lease provided that the premises were to hold upwards used equally a painting demo theater. The tenant's certificate of incorporation stated that it was formed to deport on marine activities. The landlord brought an activeness together with asserted that the lease was invalid because the functioning of the motility painting theatre was exterior of the say-so conferred past times the tenant's corporate charter. The tenant filed a motility to dismiss.

DISCUSSION

• The courtroom granted the motion. 
• The courtroom stated that the electrical load had to hold upwards dismissed for failure to nation a motion of activeness because under N.Y. Bus. Corp. Law § 203, a valid transfer of belongings could non hold upwards made invalid but because the tenant's company was without capacity to piece of occupation a painting demo theater. 
• The courtroom stated that the landlord did non autumn inside i of the exceptions listed in § 203 and that past times virtue of § 203 the ultra vires doctrine could non hold upwards invoked.

CONCLUSION
The courtroom granted the tenant's motility to flaming the landlord's activeness for a annunciation that the lease was invalid.

Recommended Supplements for Corporations together with Business Associations Law

Share this post