Girod Trust Co. v. Kingsdown Corp., N.V.

OPINION OF THE COURT

Arnold Guy Fraiman, J.

This is a motion by defendant Kingsdown Corporation, N.V. pursuant to CPLR 3211 (subd [a], par 3) to dismiss the complaint on the ground that plaintiff lacks capacity to sue. Basis for the motion is the failure of plaintiff to adequately plead its corporate status and, alternatively, its failure to demonstrate compliance with section 1312 of the Business Corporation Law, which governs the right of a foreign corporation to maintain an action in New York.

By its complaint, plaintiff seeks specific performance of an option to purchase an apartment in a…