Opinion · New York Court of Appeals

Eximetals Corp. v. Guimaraes

51 N.Y.2d 865

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1980-10-21
Topic
general

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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9 opinions

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 *867 is 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.