Ordered that the order dated December 17, 1990 is affirmed, and it is further,
Ordered that the appeal from the order dated January 28, 1991 is dismissed, and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Under these circumstances, where there was a pending Federal action involving the same claims which were raised by the plaintiff in the State action, the Supreme Court did not improvidently exercise its discretion in granting...
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