CONTROLLED WEATHER OF PENN. CORP. v. CONTEL CONSTR. CORP.


33 A.D.2d 547 (1969)

Controlled Weather of Penn. Corp., Also Known as Controlled Weather Corp. of Penn., Appellant, v. Contel Construction Corp. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 1969


Order entered February 17, 1969, unanimously affirmed, without costs and without disbursements.

Inasmuch as the defendant Aetna Casualty and Surety Co. has stipulated to become a party to the Pennsylvania action and the plaintiff may obtain full relief in such action, we are affirming the dismissal of this action brought subsequently in this State. The circumstances justify the dismissal and a pendency of this action, with a stay thereof, is not required for the protection...

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