[DOWNLOAD] "Irving Gross Et Al. v. State New York" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Irving Gross Et Al. v. State New York
- Author : Supreme Court of New York
- Release Date : January 18, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[33 A.D.2d 868 Page 868] On or about May 27, 1968 claimants presented to the Secretary of State a certificate of incorporation of Baron Decorators,
Ltd., which certificate was accepted and filed. Claimants allege that thereafter they were advised that the said name of Baron
Decorators, Ltd., was not available because of a conflict with a corporation incorporated in 1940 known as Baron Decorating
Service, Inc. (General Corporation Law, § 9.) Thereafter claimants filed an application for a change of name of their corporation
to Carlin Decorators, Ltd., and allege that they have been damaged by reason of the negligence of the employee of the Secretary
of State's office who failed to advise them that the name applied for was not available, and that claimants were further damaged
by reason of the necessity to change their corporate name. The trial court held that the claim does state a cause of action,
and that the examination of the files in the Secretary of State's office "to ascertain the availability of a corporate name
is purely a clerical or ministerial function for which an individual or private corporation could be liable if either of the
latter performed the same in a negligent manner". The State contends that the act of the Secretary of State, in approving
or [33 A.D.2d 868 Page 869]