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D. M. C. Construction Corp. v. A. Leo Nash Steel Corp.

49 N.Y.2d 1040 Court N.Y. Decision date 1980-05-08 English

Contents

Majority

p. 1040
In the Matter of D. M. C. Construction Corp., Appellant, v A. Leo Nash Steel Corp., Respondent.
Argued April 22, 1980;
decided May 8, 1980
p. 1041
APPEARANCES OF COUNSEL
Harold Fisher for appellant.
Lauren D. Rachlin and Amanda T. Green for respondent.

OPINION OF THE COURT

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.