Hyperlawhypertext legal databasebeta Eximetals Corp. v. Guimaraes 51 N.Y.2d 865

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Eximetals Corp. v. Guimaraes

51 N.Y.2d 865 Court N.Y. Decision date 1980-10-21 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Contents

Majority

p. 865
Eximetals Corporation, Plaintiff, v Pinheiro Guimaraes, S. A., et al., Defendants, Bank Leumi Trust Company of New York, Respondent, and Banco Do Nordeste Do Brasil, S. A., Appellant. (And a Third-Party Action.) Eximetals Corporation, Plaintiff, v Pinheiro Guimaraes, S. A., et al., Defendants, Israel Discount Bank, Respondent, and Banco Do Nordeste Do Brasil et al., Appellants. (And a Third-Party Action.)
Argued September 3, 1980;
decided October 21, 1980
p. 866
APPEARANCES OF COUNSEL
Franz S. Leichter and Stephen M. Harnik for appellants.
Laurence Shiff for Eximetals Corporation, plaintiff.
Mark Abramowitz and Aurora Cassirer for Bank Leumi Trust Company of New York, respondent.
Steven J. Stein, David Aronson and Marianne Stecich for Israel Discount Bank, respondent.

OPINION OF THE COURT

In each case: On the court’s own motion, the September 16, 1980 decision to dismiss is vacated, the appellants having accepted this court’s invitation to seek correction of the jurisdictional defect by obtaining leave to appeal from the Appellate Division on a certified question, and the following decision

p. 867
is substituted therefor: Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 73 AD2d 526 ) and the question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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