Ordered that the appeal from the order entered June 20, 2007, is dismissed, as that order was superseded by the order entered September 7, 2007, made, in effect, upon reargument; and it is further,
Ordered that the order entered September 7, 2007, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent. Contrary to the defendant's contention, the Supreme Court did not err in denying that branch of its motion which was pursuant to CPLR 3211 (a) (3) to dismiss the complaint on the ground that the plaintiff, as a dissolved corporation, lacks the legal capacity to sue. Since the claim underlying this suit is an alleged breach of contract which occurred in 1998, prior to the plaintiff's dissolution, it was properly permitted to pursue that claim in the course of winding up its affairs ( see Business Corporation Law § 1006 [b]; Tedesco v A.P. Green Indus., Inc., 8 NY3d 243).
The defendant's remaining contentions are without merit.