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Queens Neurology, P.C. v. Travelers Property & Casualty Ins. Co.

Civil Court of the City of New York, Queens County

January 3, 2020

Queens Neurology, P.C. (a/a/o JOSE HERNANDEZ, et al.), Plaintiff,
v.
Travelers Property & Casualty Ins. Co., et al., Defendants.

         MOTION DECISION

          GARY TSIRELMAN P.C. Counsel for Plaintiff

          Queens Neurology, P.C. As Assignee of Jose Hernandez, et al.

          Irena Golodkeyer, Esq. Stefan M. Belinfanti, Esq. LAW OFFICE OF PRINTZ & GOLDSTEIN Counsel for Defendant

          Lisa M. Aquino, Esq. Tali K. Hernstat, Esq. THE LAW OFFICE OF ALOY O. IBUZOR Counsel for Defendant

          Medgine Bernadotte, Esq.

          John C.V. Katsanos, J.

         I. Background

         Queens Neurology, P.C. ("Plaintiff") commenced twenty-seven separate actions against various defendants on or about September 6, 2001, October 23, 2001 or January 10, 2002. Thirteen of said actions were against defendant GEICO Casualty Company ("Defendant GEICO"). [1] In each matter, Plaintiff retained the same attorney of record, who was subsequently suspended from practice on or about May 18, 2004 and was disbarred on or about October 11, 2005. All twenty-seven cases have been converted to inactive or disposed on the Court's docket.

         On or about October 20, 2009, New York State consented to Plaintiff's voluntary dissolution. Despite such dissolution, Plaintiff was not substituted as a party in any of the matters.

         Over seven years after its dissolution, Plaintiff now moves to: (1) consolidate the aforementioned twenty-seven actions pursuant to CPLR 602 for the sole purpose of its motion; (2) substitute the attorney of record in each action and compel the transfer of all files related to each action; and (3) stay all proceedings for 90 days pursuant to CPLR 2201. Plaintiff's motion was denied with respect to three matters involving defendant Travelers Property & Casualty Insurance Company due to Plaintiff's failure to provide proof of service.

         In accordance with the recitation requirements of CPLR 2219 (a), the Court considered: (1) Plaintiff's order to show cause, Plaintiff counsel's affirmation and attached exhibits; (2) Defendant GEICO's affirmation in opposition and attached exhibits; and (3) Plaintiff counsel's reply affirmation.

         II. Discussion

         Plaintiff's motion must be denied because Plaintiff is a dissolved corporation and has failed to establish that it can seek relief from this Court. Plaintiff's arguments that it remains entitled to relief despite dissolution lack merit. Except in limited circumstances permitted by statute, upon dissolution, a corporation is "legally dead" and lacks the capacity to use the courts of this State to enforce obligations (Lorisa Captial Corp. v Gallo, 119 A.D.2d 99, 111 [2d Dept 1986]; see 80-02 Leasehold, LLC v CM Realty Holdings Corp., 123 A.D.3d 872, 873 [2d Dept 2014]). Plaintiff asserts that section 1006 of New York's Business Corporation Law ...


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