CadleRock Joint Venture, L.P. v. Klar

278 A.D.2d 39, 717 N.Y.S.2d 525, 2000 N.Y. App. Div. LEXIS 12687

Opinion

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered July 10, 2000, which, inter alia, denied defendant-appellant’s motion to vacate a deficiency judgment entered against him on default, unanimously affirmed, with costs.

Defendant’s claim that plaintiff is a foreign limited partnership doing business in New York without authority, and is therefore maintaining this action in violation of Partnership Law § 121-907 (a), is unsupported by any evidence of systematic and regular activity (see, Alicanto, S.A. v Woolverton, 129 ; cf., Partnership Law § 121-902 [b]). Nor does defendant offer any persuasive evidence on valuation. Concur— Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.