This motion for summary judgment, though not opposed by the filing of an affidavit, is denied. The complaint alleges a judgment obtained in New Jersey against Berkley Gardens, Inc., a demand upon defendant as an officer of that corporation to file the certificate of payment of capital stock required by New Jersey Statutes Annotated (§ 14:8-16), under which statute neglect or refusal so to file for 30 days after written request...
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