KERR-McGEE CHEM. CORP. v. BULLARD ORCHARDS, INC.


45 A.D.2d 786 (1974)

Kerr-McGee Chemical Corporation, Respondent, v. Bullard Orchards, Inc., Appellant

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

June 20, 1974


Plaintiff sued to recover for merchandise sold to the defendant within the State of New York between November 7, 1967 and July 23, 1971. Defendant interposed a general denial and the affirmative defense that the plaintiff corporation was unauthorized to do business in the State of New York at the time of the transactions set forth in the complaint. Thereafter, plaintiff moved to strike defendant's affirmative defense on the ground that plaintiff was authorized to do business...

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