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WEST COAST CO. v. GRAFI

127 Misc.2d 49 (1985)

West Coast Company, Petitioner, v. Sam Grafi, Doing Business as Area Code 212 Foods, Respondent. Landmark Restoration Co., Petitioner, v. SDSJS 33 Realty Corp., Respondent. West Coast Company, Petitioner, v. SGRC Food Corp., Respondent.

Civil Court of the City of New York, New York County.

January 29, 1985

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Lewis A. Lindenberg of counsel), for petitioners. M. Teresa Anderson-Daley for respondents.

DAVID B. SAXE, J.

Although it is the usual rule that a prior action is not "pending" within the meaning of CPLR 3211 (a) (4) where only a summons but no complaint has been served in the prior action, I hold that under certain circumstances, a departure from this rule is warranted.

Each of the three above-captioned motions and cross motions raise the identical issues and are accordingly consolidated for disposition.

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