This is an action for work, labor and services, commenced by service of a summons and verified complaint on November 5, 1959. Issue was joined by defendant's answer and the matter set for trial. By order to show cause returnable on the trial date (viz. Feb. 5, 1960) defendant moved to dismiss this action on the ground there was another pending in Supreme Court. The Supreme Court action — an equitable one — was brought...
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