This is a motion pursuant to CPLR 3211 (subd. [a], par. 3) to dismiss the complaint on the ground that the plaintiff has not legal capacity to sue.
The plaintiff is a foreign corporation that is not authorized to do business in this State. However, in the first paragraph of its complaint is the recitation that it is so authorized. This misstatement of fact is corrected in plaintiff's affidavit in opposition
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