Order reversed insofar as appealed from, on the law, without costs or disbursements, and defendant's motion to dismiss the Nassau County action is granted unconditionally; the Queens County action is deemed to be still pending and any discontinuance thereof by plaintiff in reliance upon the order appealed from is deemed void and of no force or effect.
We find that the Queens County action was still pending at the time of the commencement of the Nassau County action...
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