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BOZZUTO'S INC. v. KANTROWITZ & SONS, INC.

117 N.J. Super. 146 (1971)

283 A.2d 907

BOZZUTO'S INC., A CONNECTICUT CORPORATION, PLAINTIFF-APPELLANT, v. FRANK KANTROWITZ & SONS, INC., A NEW JERSEY CORPORATION, FRANK KANTROWITZ, DAVID KANTROWITZ, ARTHUR KANTROWITZ, AND CLYDE THOMAS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1971.

Attorney(s) appearing for the Case

Mr. Allan Maitlin argued the cause for appellant (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Mr. Irving Vichness argued the cause for respondents Kantrowitz (Mr. Paul J. Vichness on the brief; Messrs. Hood, Mintz & Vichness, attorneys).

Mr. James E. Davidson argued the cause for respondent Clyde Thomas (Messrs. Farrell, Curtis, Carlin & Davidson, attorneys).

Before Judges CONFORD, MATTHEWS and FRITZ.

The opinion of the court was delivered by FRITZ, J.A.D.

The sole issue presented by this appeal is whether a foreign corporation, not qualified to do business in New Jersey pursuant to statutory mandate, may seek affirmative relief in an action at law in conjunction with its defense against the claim of another. The question is apparently of first impression in New Jersey and requires us to consider N.J.S.A. 14A:13-11 toward the end of ascertaining the legislative...

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