FRANK POMPEA, INC. v. ESSAYAN


36 A.D.2d 745 (1971)

Frank Pompea, Inc., Appellant, v. Edward Essayan et al., Respondents, et al., Defendants. (Action No. 1.) Edward Essayan et al., Respondents, v. Frank Pompea, Inc., Appellant. (Action No. 2.)

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

March 15, 1971


Order modified by striking therefrom the first decretal paragraph and substituting therefor a provision granting the motion of plaintiff in Action No. 1 to dismiss the complaint in Action No. 2. As so modified, order affirmed insofar as appealed from, with $10 costs and disbursements to appellant. Action No. 1 was commenced by Pompea, Inc., on January 30, 1970, by the service of a summons and complaint on defendants Essayan.

The Essayans' answer was received February...

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