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Applying the Doctrine of Incorporation by Estoppel in New York

The incorporation by estoppel doctrine is today well established in the Commercial Division. Accordingly, defendants who contract or otherwise deal with an entity as a corporation run the risk of being estopped from denying the entity's corporate existence in any action arising out of such contract or dealing.

11 minute read May 01, 2016 at 12:00 AM
By
George Bundy Smith And Thomas J. Hall
Applying the Doctrine of Incorporation by Estoppel in New York

Corporate existence can be critical to the capacity of corporate plaintiffs to bring claims, particularly when the claims are for breach of contract. In Rubenstein v. Mayo

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