SMOLEN v. COSCO, INC

Ordered that the order is affirmed, with costs.

In this action against, inter alia, two foreign corporations which are not authorized to do business in this State, the plaintiff's failure to comply with Business Corporations Law § 307 by not filing an affidavit of compliance with the clerk of the court (see, Business Corporations Law § 307 [c] [2]) within the Statute of Limitations was a jurisdictional defect (see, Flick v. Stewart-Warner Corp., 76 N.Y.2d 50; see also, Stewart v Volkswagen of Am., 81 N.Y.2d 203, 207). To the extent that we have held that such an omission constitutes a mere irregularity that could be remedied by resort to CPLR 2001 and 2004 (see, Piekarz v. Columbia Laundry Mach. Co., 150 A.D.2d 539; Orzechowski v. Warner-Lambert Co., 91 A.D.2d 681), our prior determinations have been effectively overruled by Flick. Since the court did not obtain personal jurisdiction over Cosco, Inc., and Cosco Home Products within the applicable periods of limitations, the Supreme Court properly dismissed the complaint with respect to them as time-barred. Sullivan, J.P., Lawrence, Pizzuto and Friedmann, JJ., concur.