MACKAY CONSTR. CORP. v. BROOKLYN UNION GAS CO.


39 A.D.2d 687 (1972)

Mackay Construction Corp., Respondent, v. Brooklyn Union Gas Company, Appellant

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

May 18, 1972


Affirmed. Respondent shall recover of appellant $30 costs and disbursements of this appeal.

Kupferman, J., dissenting.

This matter involves concurrent actions in the Supreme Court, New York County, and the United States District Court for the Eastern District of New York, and the question of whether the Federal court action should have priority or they should both proceed apace with the consequent usual procedural tactics maintained at full vigor...

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