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URIBE v. MERCHANTS BANK OF NEW YORK

266 A.D.2d 21 (1999)

697 N.Y.S.2d 279

HERNANDO URIBE, Plaintiff, and H. URIBE, INC., Respondent, v. MERCHANTS BANK OF NEW YORK, Appellant.

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

Decided November 4, 1999.

Defendant's motion for summary judgment dismissing the complaint on the ground that plaintiff corporation had not complied with the requirements of Business Corporation Law § 1312 was properly denied since defendant did not satisfy its burden on the motion of demonstrating that plaintiff was "doing business" in New York State (see, Construction Specialties v Hartford Ins. Co., 97 A.D.2d 808), and therefore subject to the conditions...

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