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SUPREME REALTY v. KOROVESSIS

171 Misc.2d 996 (1997)

656 N.Y.S.2d 797

Supreme Realty Assoc. Co., Petitioner, v. Constantine Korovessis, Doing Business as Gus Pizzeria, Respondent.

Civil Court of the City of New York, Bronx County.

January 14, 1997

Attorney(s) appearing for the Case

Jerald D. Kreppel, New York City, for respondent. Klein & Solomon, L. L. P., New York City, for petitioner.

DORIS LING-COHAN, J.

In this commercial nonpayment proceeding, respondent has moved to dismiss pursuant to CPLR 3211 (a) (3) and General Business Law § 130. Respondent argues that petitioner lacks the legal capacity to sue as a consequence of its failure to file a certificate of doing business in Bronx County, as required by General Business Law § 130. This motion presents two novel issues: (1) must...

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