2 N BROADWAY FOOD INC v. ANDUZE

Ordered that the order is reversed, on the law, with costs, and the motion to dismiss the complaint is granted.

The plaintiff, a dissolved corporation, lacked the capacity to commence the present action because it does not relate to the plaintiff's winding up of its corporate affairs ( see Business Corporation Law § 1005 [a] [1]; § 1006 [a]; Brandes Meat Corp. v Cromer, 146 AD2d 666, 666-667; Lorisa Capital Corp. v Gallo, 119 AD2d 99, 110; compare St. James Constr. Corp. v Long, 253 AD2d 754, 755). Accordingly, the Supreme Court should have granted the defendant's motion to dismiss the complaint ( see CPLR 3211 [a] [3]).