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TALBOT MILLS v. BENEZRA

35 Misc.2d 924 (1962)

Talbot Mills, Inc., a Division of Massachusetts Mohair Plush Co., Inc., Plaintiff, v. Sam Benezra et al., Individually and as Copartners Doing Business as Super Togs Co., et al., Defendants.

Supreme Court, Special Term, New York County.

June 20, 1962

Attorney(s) appearing for the Case

Herbert Bernstein for defendants. Frederick E. M. Ballon for plaintiff.

JACOB MARKOWITZ, J.

Defendants move for dismissal of the complaint alleging plaintiff's lack of legal capacity to maintain this action in this court. Plaintiff is a foreign corporation admittedly not qualified to do business in New York. Defendants allege plaintiff is engaged in business in New York and thus lacks capacity to sue under section 218 of the General Corporation Law. Plaintiff denies it is engaged in business in New York, for the purpose of...

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