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Matter of D.M.C. Constr. v. Leo Nash Steel Corp.

Court of Appeals of the State of New York
May 8, 1980
407 N.E.2d 480 (N.Y. 1980)

Opinion

Argued April 22, 1980

Decided May 8, 1980

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, IRVING RADER, J.

Harold Fisher for appellant.

Lauren D. Rachlin and Amanda T. Green for respondent.


MEMORANDUM.

The appeal should be dismissed, without costs.

Petitioner was afforded the opportunity to stay the Erie County proceeding pending the determination of this appeal, but declined to post the requisite undertaking. That court in the interim without objection having ruled on the merits of the underlying issues for the litigation of which the motion for a change of venue to Kings County had been brought, the matter is now moot.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

Appeal dismissed.


Summaries of

Matter of D.M.C. Constr. v. Leo Nash Steel Corp.

Court of Appeals of the State of New York
May 8, 1980
407 N.E.2d 480 (N.Y. 1980)
Case details for

Matter of D.M.C. Constr. v. Leo Nash Steel Corp.

Case Details

Full title:In the Matter of D.M.C. CONSTRUCTION CORP., Appellant, v. A. LEO NASH…

Court:Court of Appeals of the State of New York

Date published: May 8, 1980

Citations

407 N.E.2d 480 (N.Y. 1980)
407 N.E.2d 480
429 N.Y.S.2d 636

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