E. H. Stafford Manufacturing Co. v. Jason Building Co.

Majority

p. 764

First Department,

February, 1924.

E. H. Stafford Manufacturing Company, Respondent, v. Jason Building Company, Inc., Appellant.

Headnote

Corporations—foieign corporations — defense that plaintiff is doing business in State of New York contrary to statute is without merit — appeal — questions not raised below ivill not be heard on appeal.

Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office March 28, 1923, denying the defendant’s motion to dismiss the plaintiff’s complaint. (See Rules Civ. Prac. rule 106, subd. 5; Id. rule 107, subd. 3; (Jen. Corp. Law of 1909, § 15, as amd. by Laws of 1917, chap. 594;^[1] Tax Law, § 181, as amd. by Laws of 1917, chap. 490; Laws of 1921, chap. 705, and Laws of 1922, chap. 375.)

The contention made by the appellant that the respondent is doing business in the State of New York is without merit upon the papers before us. As to the other objections now raised by appellant, they were not raised in the court below, and the appellant is not in a position to take advantage of them. The order should be affirmed, with ten dollars costs and disbursements to the respondent, with leave to the defendant to answer within ten days upon payment of said costs. Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ. Order affirmed, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from service of order upon payment of said costs.