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SCAFFOLD-RUSS DILWORTH, LTD. v. SHARED MANAGEMENT GROUP, LTD.

256 A.D.2d 1087 (1998)

682 N.Y.S.2d 765

SCAFFOLD-RUSS DILWORTH, LTD., Appellant, v. SHARED MANAGEMENT GROUP, LTD., Doing Business as DIVISION FOUR MASONRY, Also Known as DIVISION 4 MASONRY and DIVISION 4 MASONRY, INC., et al., Defendants, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Respondent.

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

Decided December 31, 1998.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted the motion of Fidelity and Deposit Company of Maryland (defendant) to dismiss the complaint on the ground that plaintiff, a Canadian corporation that rents and sells scaffolding, could not maintain this action because it was "doing business in this state without authority" (Business Corporation Law § 1312 [a]). The record establishes that plaintiff had rented scaffolding...

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