TALCOTT, INC. v. DELANEY CARPET CO.


28 Misc.2d 600 (1961)

James Talcott, Inc., Plaintiff, v. J. J. Delaney Carpet Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

March 15, 1961


Attorney(s) appearing for the Case

La Porte & Meyers (Norman Marcus of counsel), for defendant. Otterbourg, Steindler, Houston & Rosen (Arthur A. Greenfield of counsel), for plaintiff.


EDGAR J. NATHAN, JR., J.

Defendant moves, pursuant to rule 107 of the Rules of Civil Practice and section 218 of the New York State General Corporation Law, to dismiss the complaint herein on the grounds that plaintiff lacks legal capacity to sue. This is an action for goods sold and delivered arising out of transactions between defendant and plaintiff's assignor, a Georgia stock corporation. Since plaintiff...

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