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AM. SUR. CO. OF NEW YORK v. ROSENBAUM

19 A.D.2d 693 (1963)

American Surety Company of New York, Appellant, v. Jeanette Rosenbaum, as Executrix of Samuel Rosenbaum, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

June 27, 1963

Order unanimously affirmed, with $25 costs and disbursements.

Memorandum:

The order appealed from properly granted defendant's motion to dismiss the complaint for declaratory judgment under subdivision 4 of rule 107 and rule 212 of the Rules of Civil Practice on the grounds of a prior adjudication determining the same issue and existence of an adequate remedy in a pending proceeding to compel arbitration. The prior...

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