Eximetals Corp. v. Guimaraes

New York Court of Appeals October 21, 1980

Eximetals Corp. v. Guimaraes, 51 N.Y.2d 865 (N.Y. 1980)

414 N.E.2d 399; 433 N.Y.S.2d 1019; 30 U.C.C. Rep. Serv. (West) 657; 1980 N.Y. LEXIS 2711

Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler

Opinion of the Court

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 *867is 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.

Reference

Full Case Name: Eximetals Corporation v. Pinheiro Guimaraes, S. A., Bank Leumi Trust Company of New York, and Banco Do Nordeste Do Brasil, S. A., (And a Third-Party Action.) Eximetals Corporation v. Pinheiro Guimaraes, S. A., Israel Discount Bank, and Banco Do Nordeste Do Brasil, (And a Third-Party Action.)
Cited By: 9 cases
Status: Published