Legal Opinion
National Merchandising Corp. v. Powers
New York Supreme Court
Decided December 6, 1957PublishedCited by 6 opinions
1Opinion of the CourtFrank Del Vecchio, J.
This is a motion under rule 106 of the Buies of Civil Practice to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.
It appears from the complaint that plaintiff is a foreign corporation and it was admitted on the argument of the motion that it has not obtained a certificate of authority to do business in this State.
In view of these facts, defendant asserts that the complaint is insufficient because of the following provision of the General Corporation Law (§ 218): “A foreign corporation, other than a moneyed corporation, doing business…
2Cases cited2 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
3Cited by6 opinions
- William L. Bonnell Co. v. KatzNew York Supreme Court · 1960
- La Mar Hosiery Mills, Inc. v. Credit & Commodity Corp.City of New York Municipal Court · 1961
- Berkshire Engineering Corp. v. Scott-Paine, New York County Courts1961
- Textile Banking Co. v. Colonial Chemical CorporationDistrict Court, N.D. Georgia · 1967
- Max Factor & Co. v. Park Row Cut RateDistrict Court, S.D. New York · 1961
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