Opinion
Argued November 13, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Albert M. Rosenblatt, J.
John R. Kelligrew, Cornelius D. Murray and Salvatore D. Ferlazzo for appellant.
Jonathan Lovett for Lowell S. Rapping, as Executor of Percy Garson, deceased, respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 105 A.D.2d 726). We add only that the court properly applied the limited exception to the rule of strict compliance with the requirements of the Business Corporation Law (see, e.g., Matter of Rye Psychiatric Hosp. Center, 66 N.Y.2d 333) recognized in Zion v Kurtz ( 50 N.Y.2d 92, 102, rearg denied 50 N.Y.2d 1060).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.