Legal Opinion
Hooton Chocolate Co. v. Star Chocolate Novelties, Inc.
New York Supreme Court
Decided June 15, 1970PublishedCited by 8 opinions
1Opinion of the CourtA. Fbanklin Mahohey, J.
This is a motion pursuant to GPLB 3211 (subd. [a], par. 3) to dismiss the complaint on the ground that the plaintiff has not legal capacity to sue.
The plaintiff is a foreign corporation that is not authorized to do business in this State. However, in the first paragraph of its complaint is the recitation that it is so authorized. This misstatement of fact is corrected in plaintiff’s affidavit in oppo*483sition to the motion. Therein it is alleged that not only is plaintiff corporation not authorized to do business in New York but, in fact, conducts no business here. The plaintiff insists it is a…
2Cases cited1 opinion
- Oxford Paper Co. v. S. M. Liquidation Co.New York Supreme Court · 1965
3Cited by8 opinions
- In the Matter of Grand Bahama Petroleum Company, Limited v. Asiatic Petroleum CorporationCourt of Appeals for the Second Circuit · 1977
- Hot Roll Mfg. Co. v. Cerone Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Manhattan Fuel Co., Inc. v. New England Petroleum Corp.District Court, S.D. New York · 1976
- Security Pacific Mortgage & Real Estate Services, Inc. v. Canadian Land Co. of America, N.V.District Court, S.D. New York · 1988
- Ayer v. General Dynamics Corp.District Court, S.D. New York · 1979
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