Summary
applying Pennsylvania law as to the capacity of a dissolved Pennsylvania corporation to be sued
Summary of this case from CBF Indústria De Gusa S/A/ v. Steel Base Trade AGOpinion
November 15, 1990
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
Plaintiff was allegedly injured while working on a conveyor belt at a New York United Parcel Service facility on March 19, 1987. More than a year later, he sued, inter alia, Spivey Company, Inc., a Pennsylvania corporation, asserting causes of action in negligence, breach of warranty and strict products liability. Spivey Company, Inc. was dissolved pursuant to a Pennsylvania Department of State certificate on March 18, 1985. Supreme Court dismissed the action against defendant based upon the provisions of Pennsylvania law (Pa Cons Stat Annot § 2111 [A]), permitting suit against a dissolved corporation only within two years of such dissolution. The same statutory provision has previously been held to be a substantive limitation upon a plaintiff's right to sue, entitled to extraterritorial application by the New York court (Bayer v. Sarot, 51 A.D.2d 366, affd. on opn. below 41 N.Y.2d 1070).
Concur — Kupferman, J.P., Carro, Ellerin, Wallach and Smith, JJ.