Legal Opinion
Dari-Delite, Inc. v. Priest & Baker, Inc.
New York Supreme Court
Decided April 27, 1966PublishedCited by 4 opinions
1Opinion of the Court
William R. Brennan, Jr., J.
Two defendants (Edward Mardovich and Dojay Enterprises, Inc.) move for an order requiring the plaintiff, concededly a foreign corporation, to post security for costs; and to dismiss the complaint, prior to answer, on two grounds, the first a failure to plead “ the state, country or government by or under whose laws the party was created ” (CPLR 3015, subd. [b]), and the second that the plaintiff lacks capacity to sue (CPLR 3211, subd. [a], par. 3).
The summons states that the plaintiff’s address is in Los Angeles. The complaint alleges that it is a foreign…
2Cases cited4 opinions
- Ascher Corp. v. HorvathNew York Supreme Court · 1962
- Singer Sewing Machine Co. v. FosterAppellate Terms of the Supreme Court of New York · 1912
- Fraser v. Granite State Provident Ass'nThe Superior Court of the City of New York and Buffalo · 1894
- Kaulbach v. Knickerbocker Trust Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Dixie Dinettes, Inc. v. Schaller's Furniture Inc.Civil Court of the City of New York · 1972
- Interline Furniture, Inc. v. Hodor Industries Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Atlantic-Corey Crane Service, Inc. v. Dory Leasing Corp.Albany City Court · 1979
- Ford Laboratories, Inc. v. SharpeAppellate Division of the Supreme Court of the State of New York · 1972