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S & T BANK v. SPECTRUM CABINET SALES, INC.

247 A.D.2d 373 (1998)

668 N.Y.S.2d 641

S & T Bank, as Assignee of International Kitchens, Ltd., Appellant, v. Spectrum Cabinet Sales, Inc., Respondent

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

February 2, 1998

Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the complaint is reinstated.

The defendant successfully moved at the Supreme Court to dismiss the complaint on the ground, inter alia, that the plaintiff's assignor, International Kitchens, Ltd. (hereinafter International), a Pennsylvania corporation, lacked the capacity to sue (see, CPLR 3211 [a] [3]) pursuant to Business Corporation Law § 1312 (a...

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