108 Misc. 2d 759 | N.Y. Sup. Ct. | 1981
OPINION OF THE COURT
This is a motion by defendant Kingsdown Corporation, N.V. pursuant to CPLR 3211 (subd [a], par 3) to dismiss the complaint on the ground that plaintiff lacks capacity to sue. Basis for the motion is the failure of plaintiff to adequately plead its corporate status and, alternatively, its failure to demonstrate compliance with section 1312 of the Business Corporation Law, which governs the right of a foreign corporation to maintain an action in New York.
By its complaint, plaintiff seeks specific performance of an option to purchase an apartment in a building in Manhattan known as The Galleria. It presently leases the apartment in question. The complaint identifies plaintiff as “a trust company organized and existing under the laws of Puerto Rico”. This is adequate for the purposes of CPLR 3015 (subd [b]). However, a more serious problem is presented by the second branch of defendant’s motion, which seeks dismissal of the complaint on the alternative ground that, assuming plaintiff is a Puerto Rican corporation, it has failed to demonstrate its authority to maintain an action in this State. Section 1312 of the Business Corpora