HEALY v. DENTCARE DELIVERY SYS., INC.


129 A.D.2d 557 (1987)

Karen Healy et al., Appellants, v. Dentcare Delivery Systems, Inc., et al., Respondents

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

April 6, 1987


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents Dentcare Delivery Systems, Inc., Donovan and Feinberg.

In view of the fact that a pending action existed between the same parties for essentially the same relief and involving the same actionable wrong (see, CPLR 3211 [a] [4]; Siegel, NY Prac § 262), Special Term did not abuse its discretion in dismissing the complaint...

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