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TYSON v. AETNA LIFE & CAS. CO., CAS. & SUR. DIV.

75 A.D.2d 1023 (1980)

Jearline Tyson, Respondent, v. Aetna Life & Casualty Company, Casualty & Surety Division, Appellant

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

May 23, 1980

Order unanimously reversed, without costs, motion granted and second complaint dismissed.

Memorandum:

Plaintiff commenced two separate actions against defendant who moved to dismiss the second complaint pursuant to CPLR 3211 (subd [a], par 4). Special Term denied the motion but consolidated the two actions. This was error. Both complaints have as their foundation the alleged breach by defendant of a contract of insurance entered into between the parties. The...

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