Expressly disavowing one of its own precedents, the Appellate Division, First Department, held that a New York court does not have the authority to dissolve a business entity formed under the laws of another state.

“We recognize that in Matter of Hospital Diagnostic Equip. Corp. (HDE Holdings-Klamm), 205 AD2d 459 (1st Dept 1994), this court, in a brief memorandum decision, rejected a challenge to the court’s jurisdiction to dissolve a foreign corporation,” Justice Rosalyn Richter wrote for a unanimous panel on Thursday. “We now conclude that Hospital Diagnostic should no longer be followed.”

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