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OXFORD PAPER CO. v. S. M. LIQUIDATION CO.

45 Misc.2d 612 (1965)

Oxford Paper Co., Plaintiff, v. S. M. Liquidation Co., Inc., Formerly Known as Hartford Publications, Inc., Defendant.

Supreme Court, Special Term, New York County.

February 24, 1965

Attorney(s) appearing for the Case

Sullivan & Cromwell (William E. Willis and Peter R. Fisher of counsel), for plaintiff. Javits Trubin Sillcocks Edelman & Purcell (Russell S. Knapp of counsel), for defendant.

MATTHEW M. LEVY, J.

The plaintiff is a foreign corporation doing business in this State. It has instituted this suit on a promissory note, and has moved for summary judgment in its favor. The defendant does not oppose the plaintiff's motion on the merits. Its challenge is based upon the failure of the plaintiff to allege the obtaining of a certificate of authority to do business here, under section 1312 of the Business Corporation Law, and upon the failure...

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