The defendant, Babcock Wire Equipment Ltd. (BWE), presently moves to dismiss the complaint on the following grounds: (a) pursuant to CPLR 3211 (a) (3) and (7) in that Davidson Extruded Products, Inc. (DEP) does not have legal capacity to sue, and the complaint fails to state a cause of action; (b) pursuant to CPLR 3211 (a) (8) in that this court lacks in personam jurisdiction of the...
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