Talbot Mills, Inc. v. Benezra

Defendants move for dismissal of the complaint alleging plaintiff’s lack of legal capacity to maintain this action in this court. Plaintiff is a foreign corporation admittedly not qualified to do business in New York. Defendants allege plaintiff is engaged in business in New York and thus lacks capacity to sue under section 218 of the General Corporation Law. Plaintiff denies it is engaged in business in New York, for the purpose of requiring it to qualify under that section. It further alleges that as a foreign corporation, engaged in interstate commerce, it is not subject to the…