Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Edward S. Gordon Company, Inc. (ESG) commenced a declaratory judgment action against Kevin P. Varney (Varney) in Supreme Court, New York County, by service of a summons with notice on June 29, 1987. A few days later Varney commenced an action against ESG in Supreme Court, Onondaga County, by service of a summons and complaint on July 2, 1987. Varney moved...
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