Appellate Terms of the Supreme Court of New York, 1912

Schwartzwaelder Co. v. Silverman

Appellate Terms of the Supreme Court of New York · Decided May 9, 1912 · Seabury

134 N.Y.S. 1114 (New York Supplement)

Counsel

Charles B. Harris, of New York City, for appellant., Gallert & Heilborn, of New York City (Walter S. Heilborn, of New York City, of counsel), for respondent.

Opinion of the Court

SEABURY, J.

The plaintiff, a foreign corporation, has recovered a judgment for goods sold and delivered against the defendant. It *1115appears from the evidence that the plaintiff was doing business in the state, and that it failed to file a certificate as required by section 15 of the General Corporation Law. Under these circumstances it was prohibited access to our courts, and its complaint should have been dismissed.

Judgment reversed, with costs, and complaint dismissed, with costs. All concur.

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