SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
October 23, 1969
CONTROLLED WEATHER OF PENN. CORP., ALSO KNOWN AS CONTROLLED WEATHER CORP. OF PENN., APPELLANT,
CONTEL CONSTRUCTION CORP. ET AL., RESPONDENTS
Concur -- Stevens, P. J., Eager, Tilzer, McNally and Bastow, JJ.
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 of the rights of the plaintiff.
Order entered February 17, 1969, unanimously affirmed, without costs and without disbursements.
© 1998 VersusLaw Inc.