New York Court of Appeals, 1980

Eximetals Corp. v. Guimaraes

Eximetals Corp. v. Guimaraes
New York Court of Appeals · Decided October 21, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler
51 N.Y.2d 865; 414 N.E.2d 399; 433 N.Y.S.2d 1019; 30 U.C.C. Rep. Serv. (West) 657; 1980 N.Y. LEXIS 2711

Eximetals Corp. v. Guimaraes

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.

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