Summary
In Oliner v. Mid-Town Promoters (2 N.Y.2d 63, 64) the court found this section constitutional and said: "Corporations under section 4 of article X of the State Constitution may `sue and * * * be sued in all courts in like cases as natural persons', but, unlike natural persons, corporations can do nothing except through the agency of others".
Summary of this case from W.T. Grant Co. v. PayneOpinion
Submitted October 1, 1956
Decided October 18, 1956
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GEORGE STARKE, J.
Mid-Town Promoters, Inc., appellant in person, by Carlyle Finkelstein, its president and director.
Jacob Oliner, respondent in person.
Corporations under section 4 of article X of the State Constitution may "sue and * * * be sued in all courts in like cases as natural persons", but, unlike natural persons, corporations can do nothing except through the agency of others. By providing that agents who appear for corporations in lawsuits must be attorneys, section 236 of the Civil Practice Act does not violate this constitutional mandate. The judgment appealed from should be affirmed, with costs.
CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.
Judgment affirmed.