711 Kings Highway Corp. v. F.I.M.‘s Marine Repair Serv. Inc.
Supreme Court, Special Term, Kings County
273 N.Y.S.2d 299 (1966)
Under New York law, a corporation's act cannot be declared invalid based on the fact that it lacked the power to do such an act, except in specific cases not applicable here.
Relevant Facts
711 Kings Highway Corp. (711 Corp.) (plaintiff) leased property to F.I.M.’s Marine Repair Serv. Inc. (Marine Repair) (defendant) through a written lease agreement. The lease specified that the property was to be used as a movie theatre. Marine Repair’s certificate of incorporation restricted its purposes to marine activities, such as marine repairs. 711 Corp. sought to invalidate the lease, arguing that operating a movie theatre was outside the scope of powers conferred to Marine Repair under its incorporating document.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
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Procedural History
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Citations
273 N.Y.S.2d 299 (1966)