Hedges & Brother v. Busch

Defendants move for an order (1) dismissing the complaint herein on the ground that the plaintiff, a foreign corporation, doing business in the State of New York, suing on a contract made within the State and not having obtained a certificate of authority, has not legal capacity to sue, and (2) for a further order requiring security for costs and staying all proceedings on the part of the plaintiff until the giving of such security.

It is alleged in the moving papers that although the plaintiff states in the complaint that it is a New Jersey corporation, it fails to state whether or not it has…