123 N.Y.S. 1088 | N.Y. Sup. Ct. | 1910
Action is for rent of premises in this city. Defendant demurs in effect on the ground that it appears on the face of the complaint that plaintiff is a foreign corporation doing business in this State and suing on a contract made in this State without having obtained the certificate required by section 15 of the General Corporation Law. Plaintiff moves for judgment on the pleadings. The only fact pleaded from which it might be inferred that the plaintiff is doing business in this State is the statement that plaintiff leased to defendant certain premises in this city. I think the statute intended'to refer only to the doing of the regular and customary business for which the corporation was organized. Union Trust Co. v. Sickels, 125 App. Div. 105; Commercial.
Motion granted with costs.