If a business (Plaintiff) is not registered with the Dept of State, Division of Corporations in NY, can it sue in the NY courts? Would that be a valid Affirmative Defense if the unathorized business (Plaintiff) filed suit against a company located in NY? If so, what is the statute for that? Also, does the state of NJ have the same requirements?
The answer is not necessarily.. generally if the Defendant reached out to Plaintiff in Plainiffs home state and the lawsuit arose out of that contact then plaintiff would not have to do business..
If the Plaintiff was doing business in NY and the lawsuit arose out of that business.. you may have a defense. At a mimimum you could get the Plaintiff in trouble for not registering to do business in NY.
Answering this question with general knowlege of the law does not create an attorney client relationship and attorney cannot be held responsible for how the questioner uses this information.
The answer to this question depends on several things. Are you regularly conducting business in NY? What is the nature of that business? Are you buying supplies or providing services as an example.
You may be referring to the need for a letter rogatory which is sometimes needed from the "foreign" court to conduct litigation activities in the "home" state. For instance, this is sometimes needed to subpoena an out-of-state third party if there is litigation in NJ. I've encountered this most frequently when dealing with telecommunications companies and attempting to access phone and computer records of defendants.
I am not licensed in NY and can't speak to that state's laws, but this is what can happen if a suit is filed in NJ.
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