NAT'L MDSE. CORP. v. POWERS


8 Misc.2d 881 (1957)

National Merchandising Corp., Plaintiff, v. William D. Powers, Defendant.

Supreme Court, Special Term, Onondaga County.

December 6, 1957.


Attorney(s) appearing for the Case

Charles R. Rinaldo for defendant.

Gray, Norem, Van Lengen & Van Lengen for plaintiff.


FRANK DEL VECCHIO, J.

This is a motion under rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.

It appears from the complaint that plaintiff is a foreign corporation and it was admitted on the argument of the motion that it has not obtained a certificate of authority to do business in this State.

In view of these facts, defendant asserts...

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