Defendant's claim that this action should have been dismissed pursuant to CPLR 3211 (a) (4) upon the ground that there is another action pending is without merit inasmuch as the non-payment proceeding commenced in the Civil Court for amounts due under the lease involves a wholly separate cause of action than is involved in this case arising out of separate, albeit contemporaneous, agreements (see, Kent Dev. Co. v Liccione,
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WHITEHALL TENANTS CORP. v. 3333 OPERATING CORP.
190 A.D.2d 595 (1993)
Whitehall Tenants Corp., Respondent, v. 3333 Operating Corp., Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 18, 1993
February 18, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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