BONNELL CO. v. KATZ


23 Misc.2d 1028 (1960)

William L. Bonnell Company, Inc., Plaintiff, v. Albert Katz, Defendant.

Supreme Court, Special and Trial Term, New York County.

February 26, 1960.


Attorney(s) appearing for the Case

Daniel S. Berman for plaintiff.

Eckhaus, Eckhaus & Eschen (Marvin Eschen of counsel), for defendant.


HAROLD BAER, J.

The suit here is on a series of notes and a written guarantee. The defendant has admitted his obligation under the notes and guarantee but raises the affirmative defense that plaintiff is prohibited by section 218 of the General Corporation Law from maintaining this action. The plaintiff, a foreign corporation incorporated in the State of Georgia, admittedly has failed to obtain a certificate of authority pursuant to section 210 of the...

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