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  5. 187 A.D.2d 407 (1992)
 

CAGGIA v. HUGUENOT GREENS, INC.

187 A.D.2d 407 (1992)

Francesco Caggia et al., Appellants, v. Huguenot Greens, Inc., et al., Respondents

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

November 2, 1992

Ordered that the order is affirmed, with costs.

The instant action arises out of an alleged breach of a contract for the sale of real property. At the time the action was commenced, an action between the identical parties herein, arising out of the same alleged breach of the same contract of sale, was pending in the Civil Court, Richmond County. Therefore, the Supreme Court properly dismissed the complaint in the instant action (see, CPLR 3211 [a] [4]; see...

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