Tri-Terminal Corp. v. CITC Industries, Inc.

Order, Supreme Court, New York County, entered March 1, 1979, which granted defendant’s motion to dismiss the complaint, unanimously modified, on the law and in the exercise of discretion, so as to grant defendant’s motion to the extent of dismissing the complaint and severing defendant’s counterclaim unless plaintiff obtains authority to do business in this State under section 1312 of the Business Corporation Law prior to trial, and, as so modified, affirmed, without costs and disbursements; judgment of said court entered March 30, 1979 dismissing plaintiff’s complaint pursuant to such…