Relying solely upon the basis of priority, the court granted defendant's motion to dismiss, which was premised upon the pendency of "another action pending between the same parties for the same cause of action" (CPLR 3211, subd [a], par 4). While priority must be considered in weighing such a motion, it is not necessarily the controlling factor, particularly in the circumstances found here. The actions were commenced almost simultaneously. In fact, service was completed that...
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