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EXIMETALS CORP. v. GUIMARAES

51 N.Y.2d 865 (1980)

Eximetals Corporation, Plaintiff, v. Pinheiro Guimaraes, S. A., et al., Defendants, Bank Leumi Trust Company of New York, Respondent, and Banco Do Nordeste Do Brasil, S. A., Appellant. (And a Third-Party Action.) Eximetals Corporation, Plaintiff, v. Pinheiro Guimaraes, S. A., et al., Defendants, Israel Discount Bank, Respondent, and Banco Do Nordeste Do Brasil et al., Appellants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided October 21, 1980.

Attorney(s) appearing for the Case

Franz S. Leichter and Stephen M. Harnik for appellants.

Laurence Shiff for Eximetals Corporation, plaintiff.

Mark Abramowitz and Aurora Cassirer for Bank Leumi Trust Company of New York, respondent.

Steven J. Stein, David Aronson and Marianne Stecich for Israel Discount Bank, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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 is substituted therefor: Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (

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