D&D Realty, Inc. v. Lionel Corp.

In a declaratory judgment action, plaintiff appeals from an order of the Supreme Court, Westchester County (Cerrato, J.), dated July 24, 1981, which granted defendant’s motion to change “the place of trial” from Kings County to Westchester County. Order affirmed, with $50 costs and disbursements. After this appeal was perfected, and approximately one week before it was submitted to the court, the defendant, The Lionel Corporation, filed a petition for reorganization under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court. This poses the question of whether…