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MAIER-SCHULE GMC, INC. v. GEN. MOTORS CORP.

210 A.D.2d 963 (1994)

620 N.Y.S.2d 684

Maier-Schule GMC, Inc., Appellant, v. General Motors Corporation et al., Respondents, et al., Defendants

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

December 23, 1994

Order and judgment unanimously affirmed with costs.

Memorandum:

Supreme Court did not abuse its discretion in granting defendants' motions to dismiss plaintiff's action. CPLR 3211 (a) (4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action (see, Whitney v Whitney,

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