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Sirois Leather, Inc. v. Lea-Suede Corp.

Appellate Division of the Supreme Court of New York, First Department
May 21, 1974
44 A.D.2d 815 (N.Y. App. Div. 1974)

Opinion

May 21, 1974


Order, Supreme Court, New York County, entered June 12, 1973, dismissing plaintiff's complaint on the ground that it is an unlicensed foreign corporation doing business in New York, unanimously reversed, on the law, without costs and without disbursements, and the complaint reinstated. On the record before us it appears that plaintiff maintains no office, warehouse, telephone listing or bank account in this State. Its activities here are limited to the solicitation of orders through an independent sales agent which are then confirmed and accepted in Massachusetts. Such activities do not constitute "doing business in this state" within the contemplation of section 1312 Bus. Corp. of the Business Corporation Law. ( Miller v. Surf Props., 4 N.Y.2d 475; International Text Book Co. v. Tone, 220 N.Y. 313.)

Concur — Markewich, J.P., Kupferman, Murphy, Lupiano and Tilzer, JJ.


Summaries of

Sirois Leather, Inc. v. Lea-Suede Corp.

Appellate Division of the Supreme Court of New York, First Department
May 21, 1974
44 A.D.2d 815 (N.Y. App. Div. 1974)
Case details for

Sirois Leather, Inc. v. Lea-Suede Corp.

Case Details

Full title:SIROIS LEATHER, INC., Appellant, v. LEA-SUEDE CORP. et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 21, 1974

Citations

44 A.D.2d 815 (N.Y. App. Div. 1974)

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