Judgment and order unanimously reversed on the law and facts, with costs, and motion denied, with $10 costs.
Memorandum:
Plaintiff's complaint has been dismissed on the ground that another action is pending between the same parties for the same cause. (Rules Civ. Prac., rule 107, subd. 3.) The action alleged to be so pending is one in which the plaintiff in this action is plaintiff and the defendants are Edmund A. Stearns and others alleged to be owners of...
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