Legal Opinion
Interline Furniture, Inc. v. Hodor Industries Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 1988PublishedCited by 4 opinions
1Opinion of the Court
The defendant moved to dismiss the complaint on the ground that the plaintiff, a North Carolina corporation, lacked the capacity to sue (see, CPLR 3211 [a] [3]), pursuant to Business Corporation Law § 1312 (a), since it was doing business in this State without authority. Business Corporation Law § 1312 (a) "constitutes a bar to the maintenance of an action by a foreign corporation found to be 'doing business’ in New York without the required authorization to do business there” (Great White Whale Adv. v First Festival Prods., 81 AD2d 704, 706). However, "[t]he party relying upon this statutory…
2Cases cited8 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- International Fuel & Iron Corp. v. Donner Steel Co.New York Court of Appeals · 1926
- Construction Specialties, Inc. v. Hartford InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Alicanto, S. A. v. WoolvertonAppellate Division of the Supreme Court of the State of New York · 1987
- Great White Whale Advertising, Inc. v. First Festival ProductionsAppellate Division of the Supreme Court of the State of New York · 1981
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3Cited by4 opinions
- S & T Bank v. Spectrum Cabinet Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Platus Corp. Pension Plan v. NazarethAppellate Division of the Supreme Court of the State of New York · 2000
- Scaffold-Russ Dilworth, Ltd. v. Shared Management Group, Ltd.Appellate Division of the Supreme Court of the State of New York · 1998
- Investors Special Risk Insurance v. SmithAppellate Division of the Supreme Court of the State of New York · 1994