Reversing the order which granted plaintiff's motion for summary judgment in lieu of complaint and denied defendant's cross motion to dismiss, the Appellate Division denied plaintiff's motion and granted defendant's cross motion. Plaintiff commenced the action against defendant, a Delaware limited liability company, to domesticate and enforce a foreign judgment in its favor several months after defendant had been dissolved and a certificate of cancellation filed. As the certificate of cancellation has not been nullified and plaintiff does not seek nullification, plaintiff cannot maintain this action.
Epie v. Herakles Farms, LLC, NY Slip Op 05283 (1st Dep't October 1, 2020)
