RICHMOND HOMES, INC. v. GEORGIAN COURT OF UTICA, INC.


27 A.D.2d 638 (1966)

Richmond Homes, Inc., Respondent, v. Georgian Court of Utica, Inc., et al., Appellants, et al., Defendants

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

December 8, 1966


Order unanimously affirmed, with costs.

Memorandum:

Defendants appeal from a denial of their motion to dismiss the complaint by reason of lack of capacity of plaintiff to sue (Business Corporation Law, § 1312, subd. [a]). The only question presented is whether plaintiff, an Indiana corporation unauthorized to do business in New York, was doing sufficient business so as to fall within the restriction of subdivision (a) of section 1312. Special Term correctly...

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