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CHANG v. ZAPSON

1369. 1370.

67 A.D.3d 435 (2009)

890 N.Y.S.2d 463

2009 NY Slip Op 07950

JANET CHANG, Individually and in the Right of 207 SECOND AVENUE REALTY CORP., Appellant, v. MICHAEL G. ZAPSON, Respondent, et al., Defendant. GOLDEN CITY COMMERCIAL BANK, Plaintiff, v. 207 SECOND AVENUE REALTY CORP., Appellant, et al., Defendant. MICHAEL G. ZAPSON, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 5, 2009.

The plenary action, in which 50% owner Janet Chang alleged malfeasance against the successor temporary receiver, was properly dismissed because Chang had been denied leave of court to bring the action (see Copeland v Salomon, 56 N.Y.2d 222, 228 [1982]; Collins v Vickers, 296 A.D.2d 320 [2002], lv denied 98 N.Y.2d 615 [2002]), and was thus without legal capacity to file such a suit...

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