CANTOR v. MAHANA TEXTILES


17 Misc.2d 809 (1959)

Lestor A. Cantor, Plaintiff, v. Mahana Textiles, Inc. et al., Defendants.

Supreme Court, Special Term, Kings County.

April 15, 1959.


Attorney(s) appearing for the Case

Ferris, Adams & Creidy for Mahana Textiles, Inc., and another, defendants.

Mortimer H. Tischler for plaintiff.


JACOB J. SCHWARTZWALD, J.

Defendants move pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice, for an order granting judgment dismissing the complaint upon the ground that there is another action pending between the same parties for the same relief. A further motion has been made by defendants seeking, by way of alternative relief, a dismissal of the complaint pursuant to section 476 of the Civil Practice Act upon the ground that the...

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