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GARDEN STATE BRICKFACE & STONE CO. v. ORADELL CONSTR. CORP.

44 Misc.2d 22 (1964)

Garden State Brickface & Stone Company, Inc., Appellant, v. Oradell Construction Corp. et al., Respondents.

Supreme Court, Appellate Term, Second Department.

August 5, 1964

Attorney(s) appearing for the Case

Sydney D. Bierman for appellant.

Concur — HART, MARTUSCELLO and HOGAN, JJ.

Per Curiam.

It was error to dismiss the complaint upon the theory that plaintiff, a foreign corporation, was doing business in this State without filing a certificate of authority with the Secretary of State. Plaintiff's proof indicates that the contract here involved was made in the State of New Jersey in November, 1958. Prior to September 1, 1963, an unauthorized foreign corporation was precluded from maintaining...

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