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Intesec Group LLC v Madah-Com, Inc. 2003 NY Slip Op 30087(U) August 4, 2003 Supreme Court, New York County Docket Number: 0060208/2001 Judge: Shirley W. Kornreich Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART 54 INTESEC GROUP LLC, Plaintiff, Index No.: 602084/01

-against-

DECISION AND ORDER

MADAH-COM, INC. Defendant.
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X

KORNREICH, SHIRLEY WERNER, J.: This is an action to recover for breach of contract. Plaintiff is a New Jersey Limited Liability Company providing consulting services to companies which produce defense and security related technology products. Plaintiff filed a complaint dated April 17, 2001 alleging that defendant, a New York corporation, breached a contract dated June 1, 2000 whereunder plaintiff provided consulting services to defendant. The complaint alleged that defendant failed to pay $84,093.87 for services rendered and owed commissions under the contract in excess of $250,000.00. Motion for Summary JudPment Defendant now moves for summary judgment dismissing plaintiff's action on the ground that plaintiff is a foreign limited liability company doing business in New York without authorization under Limited Liability Company Law

$0 802 and 808 and, therefore, is not entitled

to maintain an action in New York. Defendant submits its attorney's affirmation, a copy of the contract, deposition testimony of plaintiff by its founder John Kaufman and other documentary

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evidence. plaint^ does not oppose the motion. Facts Plaintiff and Defendant entered into an "Independent Contractor Agreement" dated June 1, 2000. Affirmation of R. D'Emilia, Exhibit A. The agreement provided that plaintiff

would be engaged to provide "marketing consulting services" for defendant from June 1,2000 to May 31,2002.

Id.at 11.

The consulting services were to be provided by John Kaufman (a

managing member of plaint@.

Id. Mr. Kaufman would help defendant market its products to

potential purchasers and provide support in "contract negotiation," "bid development'' and "contract management."

Id. The contract provided that Kaufman would "render services at the

InteSec Group LLC facilities, on the road and [at] the Company's New York offices, but [would], upon request, provide the services at other Company offices or such other places as reasonably requested by Company... ."

Id.at 13.

The agreement is "governed by and construed in

accordance with the laws of New York." & at

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