Order entered on October 2, 1959 and the judgment thereon dismissing the complaint on the ground of another pending action between the parties reversed, on the law, on the facts and in the exercise of discretion, with costs to plaintiffs-appellants and the motion denied, with $10 costs.
In the prior action judgment was entered December 26, 1958 after inquest. In this action on July 23, 1959 defendant-respondent moved to dismiss the complaint on the ground that the...
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