This is the third action instituted by the plaintiff, each action seeking damages for the same injuries. The first action was aborted after a preclusion order was obtained. In the second action nothing other than a summons was served. A motion to dismiss this third action pursuant to CPLR 3211 (subd [c], par 4), on the grounds of another action pending, was properly granted by Special Term. Plaintiff cannot now institute this suit and thereby circumvent the effect of the...
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