MANHATTAN TELECOMMUNICATIONS CORPORATION v. BEST PAYPHONES, INC.


299 A.D.2d 178 (2002)

749 N.Y.S.2d 246

MANHATTAN TELECOMMUNICATIONS CORPORATION, Doing Business as METTEL, Respondent, v. BEST PAYPHONES, INC., Appellant.

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

Decided November 12, 2002.


Contrary to defendant's contention, plaintiff's submission of Department of State certification, the validity of which was unrebutted by defendant, was sufficient to establish that plaintiff was authorized to do business in New York (see General Business Law § 130 [6]).

Defendant's claim, raised for the first time on this appeal, that this matter falls within the Public Service Commission's exclusive primary jurisdiction, is waived (see e.g. Shine v...

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