Landlord, a Dissolved Corporation, Can't Pursue Eviction Case

Landlord sued to evict rent-stabilized tenant for nonprimary residence. When the case was ready for trial two years later, tenant claimed that landlord couldn’t legally go forward. Tenant showed that landlord, a corporation, was dissolved by New York State proclamation in 1993 for failure to pay taxes. The dissolution was never annulled. Landlord claimed that the corporation was reinstated in 2002. The court ruled against landlord and dismissed the case. The corporation, dissolved in 1993, by law was never reinstated because it never paid the outstanding taxes. Landlord registered a new corporation by the same name in 2002. But this was a second corporation, and didn’t own the building. The first, dissolved, corporation was the landlord and was unlawfully doing business. Since, legally, the dissolved corporation couldn’t maintain a lawsuit, the case was dismissed.

41 East 1st St. Rehab Corp. v. Lopez: NYLJ, 1/6/10, p. 26, col. 1 (Civ. Ct. NY; Kraus, J)