Denmark Cheese Ass'n v. Hazard Advertising Co.

Plaintiff moves to confirm the report of the Special Referee heretofore appointed to hear and report on the factual issues raised on defendant’s motion to dismiss the complaint. That motion was primarily based upon this court’s alleged lack of jurisdiction of the subject matter and plaintiff’s lack of capacity to sue in this State as a foreign association doing business without having filed the requisite “ Certificate of Designation ’ ’ pursuant to section 18 of the General Associations Law.

The prime issue raised is plaintiff’s characterization as a “'business trust ” within the meaning of…