Paper Manufacturers Co. v. Ris Paper Co.

If a foreign corporation does business in New York without a certificate of authority it is precluded from access to our courts unless and until it obtains such certificate and pays all arrears in fees, penalties and taxes (Business Corporation Law, § 1312).

On the eve of trial herein defendant, relying on this statute, moves to dismiss plaintiff’s cause of action. Plaintiff opposes claiming waiver under CPLR 3211 (subd [a], par 3; subd [e]).

This is an action for goods sold and delivered. Plaintiff is a "Pennsylvania paper manufacturer who sold to several New York paper distributors including…