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

New York Court of Appeals May 8, 1980

D. M. C. Construction Corp. v. A. Leo Nash Steel Corp., 49 N.Y.2d 1040 (N.Y. 1980)

407 N.E.2d 480; 429 N.Y.S.2d 636; 1980 N.Y. LEXIS 2378

Opinion of the Court

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.

Reference

Full Case Name: In the Matter of D. M. C. Construction Corp. v. A. Leo Nash Steel Corp.
Cited By: 8 cases
Status: Published