The County Court granted the motion herein upon findings that the defendant had commenced an action in Supreme Court prior to the commencement of the action herein and that both actions involved the same subject matter. It should be noted that inasmuch as the condition imposed for dismissal preserves the right of the plaintiff to pursue her alleged cause of action there is no prejudice to her. Upon this appeal, the plaintiff contends that the County Court erred as to which...
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