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GSL ENTERS., INC. v. CITIBANK

155 A.D.2d 247 (1989)

GSL Enterprises, Inc., Appellant, v. Citibank, N. A., Respondent

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

November 2, 1989

The instant complaint was properly dismissed because "a pending action existed between the same parties for essentially the same relief and involving the same actionable wrong". (Healy v Dentcare Delivery Sys., 129 A.D.2d 557.) Plaintiff, in the instant complaint, expands on its pleadings of fact and adds new causes of action that are different in form. Nonetheless, both complaints essentially seek relief on the basis of defendant...

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