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FRANK M. FLOWER & SONS, INC. v. NORTH OYSTER BAY BAYMEN'S ASSOCIATION, INC.

2014-09718. Index No. 1581/14.

150 A.D.3d 965 (2017)

55 N.Y.S.3d 139

2017 NY Slip Op 03931

FRANK M. FLOWER & SONS, INC., Appellant, v. NORTH OYSTER BAY BAYMEN'S ASSOCIATION, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 17, 2017.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion pursuant to CPLR 3211 (a) to dismiss the complaint is denied.

Prior to filing an answer in this action to recover damages for breach of a settlement agreement, the defendants moved pursuant to CPLR 3211 (a) (4) to dismiss the complaint on the ground that there was another action pending between the same parties based on the same cause...

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