Gustavia Home, LLC v. Rutty

MEMORANDUM DECISION AND ORDER

COGAN, District Judge

This is a mortgage foreclosure action with subject matter jurisdiction based on diversity of citizenship. Plaintiff has moved for summary judgment, and although defendant pro se, the borrower, has submitted no evidence in opposition, he has raised one legal point, at least, that warrants further inquiry. Specifically, he alleges that plaintiff lacks standing to maintain this action under New York Business Corporation Law (“B.C.L.”) § 1312(a) because plaintiff, admittedly, is not licensed to do business in New York.

B.C.L. § 1312(a), often…