| Great Sage Fin. Corp. v Mah |
| 2006 NY Slip Op 50067(U) [10 Misc 3d 142(A)] |
| Decided on January 20, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court, New York County (Saliann Scarpulla, J.), entered July 11, 2005, which granted plaintiff's motion to vacate a judgment entered against it.
PER CURIAM:
Order (Saliann Scarpulla, J.), entered July 11, 2005, affirmed, with $10 costs.
Plaintiff demonstrated compliance with Business Corporation Law § 1312(a) by registering to do business in New York and obtaining a certificate of "good standing" from New York State taxation authorities. Defendant failed to rebut the presumption arising from certification with any credible evidence that there were unpaid fees or taxes owed by plaintiff (see McIntosh Builders v. Ball, 247 AD2d 103 [1998]). We note that Section 1312 "exists to regulate foreign corporations doing business' within New York State and not to enable avoidance of a contractual obligation" (Acno-tec Limited v Wall Street Suites, LLC., AD3d [2005], 2005 NY Slip Op 10223 [internal quotation marks omitted]).
We have examined defendant's other arguments and find them lacking in merit.
This constitutes the decision and order of the court.
Decision Date: January 20, 2006