District Court, S.D. New York May 29, 1969, 68 Civil 4482 (Stafford-Higgins Industries, Inc. v. Gaytone Fabrics, Inc.)

OPINION

EDWARD WEINFELD, District Judge.

Defendant moves to dismiss the complaint on the ground that plaintiff may not maintain this action because it is doing business in the State of New York without having qualified to do business here pursuant to statute. Jurisdiction is based upon diversity of citizenship, plaintiff being a Connecticut corporation and the defendant a New York corporation.