KOSSON & SONS v. CARLETON


26 A.D.2d 582 (1966)

Kosson & Sons, Appellant, v. Robert A. W. Carleton, Jr., Doing Business under the Name of Carleton Brothers & Co., et al., Respondents, et al., Defendant

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

June 27, 1966


Order reversed, insofar as appealed from, with $10 costs and disbursements, and motion denied, without costs.

The time to answer the amended complaint is extended until 20 days after entry of the order hereon. Respondents' motion, under CPLR 3211, insofar as is here material, was made on the ground that plaintiff did not have legal capacity to sue. That contention was based on the claim that plaintiff was a foreign corporation, doing business in this State without...

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