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MAR MID BK v. HIGHGATE HALL

92 Misc.2d 865 (1977)

Marine Midland Bank, Plaintiff, v. Highgate Hall of Orange County, Inc., et al., Defendants.

Supreme Court, Monroe County.

November 10, 1977

Attorney(s) appearing for the Case

Gross, Shuman, Laub & David (Sammy Feldman of counsel), for Contractors Ornamental Steel Co., Inc., defendant. Harter, Secrest & Emery (Lawrence R. Palvino and John F. Mahon of counsel), for plaintiff.

EDWARD O. PROVENZANO, J.

In a mortgage foreclosure action, defendant Contractors Ornamental Steel Co., Inc. (hereinafter "Contractors") has moved, pursuant to CPLR 3211 (subd [a], par 4), to dismiss plaintiff's cause of action against said defendant on the grounds that there is another action pending between the said parties for the same cause of action.

It appears that plaintiff ("Marine") commenced...

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