Montgomery v. East Ridgelawn Cemetery

Pécora, J.

Defendant corporation, “ appearing specially and solely for the purpose of this motion only ”, moves for an order dismissing the complaint upon the grounds that this court has not jurisdiction of the defendant for the reason that it is a foreign corporation which is not doing business in this State, and further that the plaintiff has not legal capacity to sue. In opposition it is urged that the first branch of the motion has become academic because in asking the relief of dismissal on the ground that plaintiff has not legal capacity to sue, defendant has appeared generally in the…