Home/New York Court of Appeals/D. M. C. Construction Corp. v. A. Leo Nash Steel Corp.

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

407 N.E.2d 480, 49 N.Y.2d 1040, 429 N.Y.S.2d 636, 1980 N.Y. LEXIS 2378
New York Court of Appeals·Decided May 8, 1980·Published·Cited by 8 cases

Opinion

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.

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D. M. C. Construction Corp. v. A. Leo Nash Steel Corp., 407 N.E.2d 480, 49 N.Y.2d 1040, 429 N.Y.S.2d 636, 1980 N.Y. LEXIS 2378 (N.Y. 1980).

407 N.E.2d 480 (D. M. C. Construction Corp. v. A. Leo Nash Steel Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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