Capacity to sue.

Practice point: Dismissal pursuant to Business Corporation Law § 1312(a), which requires the registration of a foreign corporation doing business in New York, is not jurisdictional, but, instead, affects the legal capacity to sue. Accordingly, a motion to dismiss for lack of compliance with Business Corporation Law § 1312(a) is properly brought pursuant to CPLR 3211(a)(3), not (a)(8).

Student note: The question of capacity to sue is conceptually distinct from the question of standing.

Case:  Digital Ctr. S.L. v. Apple Indus., Inc., NY Slip Op 02806 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue: Slips and falls.