FOREIGN CORPORATION 281 § 52. An action against a foreign corporation may be maintained §§ 52-54 by another foreign corporation, or by a non-resident, in one of the following cases only: 1. Where the action is brought to recover damages for the breach of a contract, made within the state, or relating to property situated within the state, at the time of the making thereof; 2. Where it is brought to recover real property situated within the state, or a chattel, which is replevied within the state; 3. Where the cause of action arose within the state, except where the object of the action is to affect the title to real property situated without the state; 4. Where a foreign corporation is doing business within this state. [Note 2194.] Action foreign cor- by another foreign cor poration foreign cor poration by attorney general § 53. The attorney general may maintain an action, upon his own Action information, or upon the complaint of a private person, against a against foreign corporation which exercises within the state any corporate rights, privileges or franchises, not granted to it by the law of this state; or which within the state, has violated any provision of law, or, contrary to law, has done or omitted any act, or has exercised a privilege or franchise, not conferred upon it by the law of this state, where, in a similar case, a domestic corporation would, in accordance with section 131 of the General Corporation Law be liable to an action to vacate its charter and to annul its existence; or which exercises within the state any corporate rights, privileges or franchises in a manner contrary to the public policy of the state. [Note 2195.] Action. against per sons acting as corpora § 54. The attorney general may maintain an action, upon his own information, or upon the complaint of a private person, against one or more persons who act as a corporation, with n the state, without being duly incorporated; or exercises within the state, any corporate rights, privileges or franchises, not granted to them by the law of authority the state. [Note 2196.] tion without § 2. This act shall take effect September first, nineteen hundred Effect and sixteen. GENERAL MUNICIPAL LAW (Provisions from the Code of Civil Procedure down to January 1, 1915, assigned to the General Municipal Law.) General Municipal Law An Act to amend chapter twenty-nine of the laws of nineteen hundred and nine, entitled "An Act relating to municipal corporations, constituting chapter twenty-four of the Consolidated Laws." The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The General Municipal Law is hereby amended by add ng thereto the following article and sections: ARTICLE 1A Right of Action § 2a. An action or special proceeding may be maintained, by the trustee or trustees of a school district; the overseer or overseers of the poor of a village, or city; the county superintendent or superintendents of the poor; or the supervisors of a county, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them; to recover a penalty or a forfeiture, given to those officers, or the body represented by them; or to recover damages for an injury to the property or rights of those officers, or the body represented by them; although the cause of action accrued before the commencement of their term of office. [Note 2197.] §§ 2a-2c Action by municipal officer officer § 2b. An action or special proceeding may be maintained, against Action any of the officers specified in the [last] preceding section upon any against cause of action, which accrues against them, or has accrued against municipal their predecessors, or upon a contract made by their predecessors in their official capacity, and within the scope of their authority. [Note 2198.] § 2c. The last two sections do not apply to a case, where it is Action specially prescribed by law, that an action may be maintained, by against municipal or against the body, represented by an officer designated in those body sections; but, in such a case, the prosecution or defence of the action, as the case may be, must be conducted by the persons then in office, who represent that body. [Note 2199.] |