On December 21, 1956 the defendant-respondent began an action in the City Court of Albany against the plaintiff-appellant. The appellant in his answer set forth a counterclaim for malicious prosecution and demanded judgment of $10,000. Thereafter the appellant instituted this action in the Supreme Court, Albany County setting forth the same cause of action for malicious prosecution. The respondent moved to dismiss this action on the ground that there was another action pending...
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