D. M. C. Constr. Corp. v. A. Leo Nash Steel Corp., 407 N.E.2d 480 (N.Y. 1980). · Go Syfert
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D. M. C. Constr. Corp. v. A. Leo Nash Steel Corp., 407 N.E.2d 480 (N.Y. 1980). Cases Citing This Book View Copy Cite
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In the Matter of D. M. C. Construction Corp.
v.
A. Leo Nash Steel Corp.
New York Court of Appeals.
May 8, 1980.
Published opinion
407 N.E.2d 480
1980 N.Y. LEXIS 2378
APPEARANCES OF COUNSEL, Harold Fisher for appellant., Lauren D. Rachlin and Amanda T. Green for respondent.
Cited by 8 opinions  |  Published

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.