(Download) "Matter Louis J. Lefkowitz v. Therapeutic Hypnosis" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Louis J. Lefkowitz v. Therapeutic Hypnosis
- Author : Supreme Court of New York
- Release Date : January 27, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[52 A.D.2d 1017 Page 1017] Appeal from a judgment of the Supreme Court at Special Term, entered November 3, 1975 in Albany County, which granted summary judgment in favor of petitioner. This proceeding was commenced by the Attorney-General for injunctive and other relief against two domestic corporations and several related individuals, including the appellant McMillen herein, arising from their activities involving the use of hypnosis to promote weight loss and curb cigarette use (cf. Executive Law, § 63, subd 12; Business Corporation Law, § 1101; Education Law, § 6515). Only the appellant McMillen appeared in opposition, but Special Term denied his motion to dismiss the proceeding and granted summary judgment against all appellants. This appeal ensued. Although appellant McMillen sought to represent the corporations, it is undisputed that he is not an attorney admitted to practice law in this or any other jurisdiction. Therefore, Special Term correctly decided that no appearance had been made on their behalf and we likewise reject appellant McMillen's complaint that the requirement of corporate appearance by attorney offends constitutional standards (CPLR 321, subd [a]; Oliner v Mid-Town Promoters, 2 N.Y.2d 63; Garlen v Green Mansions, 9 A.D.2d 760, rearg den 10 A.D.2d 557). However, as in the foregoing cases, the court should have afforded the corporations an opportunity to properly appear and defend themselves, if they are so inclined, before considering them in default. In the exercise of discretion, we will modify the instant judgment to accord them that right upon condition that they appear by attorney and answer within 15 days after service of a copy of the order to be entered on this decision. Consequently, we need not consider and do not pass upon the issue, attempted to be raised on their behalf by appellant McMillen, of whether petitioner is precluded from seeking relief against the corporations because they are no longer functioning entities. (Cf. Matter of Lefkowitz v E.F.G. Baby Prods. Co., 40 A.D.2d 364). We quite agree with Special Term that the grounds advanced by appellant [52 A.D.2d 1017 Page 1018]
 "Matter Louis J. Lefkowitz v. Therapeutic Hypnosis" by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}