Supreme Realty Assoc. Co. v. Korovessis

OPINION OF THE COURT

Doris Ling-Cohan, J.

In this commercial nonpayment proceeding, respondent has moved to dismiss pursuant to CPLR 3211 (a) (3) and General Business Law § 130. Respondent argues that petitioner lacks the legal capacity to sue as a consequence of its failure to file a certificate of doing business in Bronx County, as required by General Business Law § 130. This motion presents two novel issues: (1) must petitioner landlord file a certificate of doing business in the county it owns income-generating commercial property; and (2) does ownership of income-generating real property…