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VON ARX AG. v. BREITENSTEIN

41 N.Y.2d 958 (1977)

Von Arx, AG., Respondent, v. C. J. Breitenstein, Defendant, and C. J. Breitenstein Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1977.

Attorney(s) appearing for the Case

John Clifford Brady for appellant.

Francis X. Murphy and Gerard Mandelbaum for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

There is no merit to defendant's affirmative defense based on plaintiff's failure to comply with section 1312 of the Business Corporation Law. The purpose of that section is to regulate foreign corporations which are "doing business" within the State, not, as defendant would suggest, to enable the avoidance of contractual obligations.

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