Cadle Co. II, Inc. v. Klar

278 A.D.2d 40, 717 N.Y.S.2d 525, 2000 N.Y. App. Div. LEXIS 12664

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 7, 2000
• Status: Published

Opinion

Deficiency judgment, Supreme Court, Bronx County (Douglas McKeon, J.), entered May 5, 2000, unanimously affirmed, with costs.

Defendant’s claim that plaintiff is a foreign corporation doing business in New York without authority, and is therefore maintaining this action in violation of Business Corporation Law § 1312, is unsupported by any evidence of systematic and regular activity (see, Alicanto, S.A. v Woolverton, 129 AD2d 601, 602; cf., Business Corporation Law § 1301 [b]). Nor does defendant offer any persuasive evidence on valuation. Concur— Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.