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PLATT CORP. v. PLATT

21 A.D.2d 116 (1964)

Platt Corporation, Appellant, v. Ronald L. Platt et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 21, 1964.

Attorney(s) appearing for the Case

Charles R. Bergoffen of counsel (Robert S. Warshaw and Stephen Mann with him on the brief; Javits Trubin Sillcocks Edelman & Purcell, attorneys), for appellant.

Bernard Buchwald (Paul Lewin with him on the brief), attorney for Ronald L. Platt and another, respondents.

Wilfred R. Caron of counsel (Milton D. Goldman with him on the brief; Goldman & Drazen, attorneys), for Jerome Adler, respondent.

BOTEIN, P. J., BREITEL, VALENTE and WITMER, JJ., concur.

EAGER, J.

The plaintiff appeals from an order granting defendants' motion to dismiss the complaint upon the ground that the plaintiff did not have legal capacity to sue (CPLR 3211, subd. [a], par. 3) and upon the further ground that the complaint fails to state a cause of action (CPLR 3211, subd. [a], par. 7).

The plaintiff (The Platt Corporation) was organized in 1961 in Delaware to engage in the real...

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