Order unanimously modified in accordance with the memorandum and as modified affirmed, with $25 costs and disbursements to appellant.
Memorandum:
Appellant moved to dismiss the plaintiff's complaint in an action which was commenced in Onondaga County several months after the institution of a New York County action involving the same issues between the same parties. It requested, however, that in the alternative, if the complaint be not dismissed, the actions...
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