SHERMAN v. MORALES


48 A.D.2d 866 (1975)

James Sherman, an Infant, by His Mother, Marilyn Sherman, et al., Appellants, v. Thomas Morales et al., Respondents

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

June 9, 1975


Order modified by striking therefrom the third decretal paragraph. As so modified, order affirmed, without costs.

Nothing in the CPLR empowers a judge who is deciding a motion in one action to dismiss the complaint in a separate action by the same plaintiffs against a different defendant, which other action seeks different relief, absent any motion in such...

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