ASCHER CORP. v. HORVATH


35 Misc.2d 375 (1962)

The Ascher Corp., Plaintiff, v. George Horvath, Defendant.

Supreme Court, Special Term, New York County.

April 26, 1962


Attorney(s) appearing for the Case

Frederick E. M. Ballon and Ernest Swiedler for defendant. Maurice Iserman and Avrom S. Waxman for plaintiff.


MATTHEW M. LEVY, J.

The defendant moves, pursuant to subdivision 2 of rule 107 of the Rules of Civil Practice, for an order dismissing the complaint upon the ground that the plaintiff does not have capacity to sue, in that it is a foreign corporation not qualified to do business in this State, is doing business in this State, and brings the action on a promissory note executed and delivered in this State.

The point has not been raised, and I shall...

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