PERIPHONICS CORP. v. PERI LEASING CORP.


50 A.D.2d 524 (1975)

Periphonics Corporation, Respondent, v. Peri Leasing Corp., Appellant, and John Mahar et al., Respondents

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

November 6, 1975


Appeal from order entered April 21, 1975 unanimously dismissed as academic, without costs or disbursements.

The counterclaims asserted by appellant in the instant action are essentially the same as pleaded by plaintiff (defendant-appellant herein) in the Suffolk County action. Although Special Term directed the transfer of said counterclaims to the Suffolk County Supreme Court, and stayed entry of judgment here pending their determination, a judgment was entered below...

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