In Pat Pellegrini Flooring Corp. v. Serota, 20 Misc. 3d 138(A), 20 Misc. 3d 138A, 2008 WL 2832133, 1 [NY Sup App Term 2008]), defendant sought dismissal of the complaint for lack of capacity to sue. Defendant claimed that he had retained "Pat Pellegrini Floors," that "Pat Pellegrini Floors" was not licensed to do business in Nassau County and did not have a certificate to do business in Nassau County. Plaintiff opposed the motion, asserting that defendant knew that it did business under the name Pat Pellegrini Floors and that its amended complaint set forth its Nassau County license number in accordance with CPLR 3015(e). The Court held that "in the absence of a showing of an intent to defraud, the failure to file a certificate of doing business under a specific name will not prevent a plaintiff from recovering. Moreover, by pleading that it is duly licensed in Nassau County and setting forth the license number, plaintiff made a showing sufficient to oppose defendant's motion on these grounds."