DARI-DELITE v. PRIEST & BAKER, INC.


50 Misc.2d 654 (1966)

Dari-Delite, Inc., Plaintiff, v. Priest and Baker, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 27, 1966


Attorney(s) appearing for the Case

Murphy & Sheehan for Dojay Enterprises, Inc., and another, defendants. Mullooly, Mullen & Jeffrey for plaintiff.


WILLIAM R. BRENNAN, JR., J.

Two defendants (Edward Mardovich and Dojay Enterprises, Inc.) move for an order requiring the plaintiff, concededly a foreign corporation, to post security for costs; and to dismiss the complaint, prior to answer, on two grounds, the first a failure to plead "the state, country or government by or under whose laws the party was created" (CPLR 3015, subd. [b]), and the second that the plaintiff lacks capacity to sue (CPLR 3211...

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