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HENRY v. SOLOMON & SOLOMON

203 A.D.2d 791 (1994)

610 N.Y.S.2d 679

Leona A. Henry, Appellant, v. Solomon and Solomon, P. C., et al., Respondents

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

April 21, 1994

Crew III, J.

Defendants moved to dismiss this action pursuant to CPLR 3211 (a) (4) contending that there was another action pending between the same parties for the same cause of action in another court. Supreme Court, although concluding that the underlying causes of action were not the same, exercised the discretionary authority vested in it by CPLR 3211 (a) (4) and ordered that this action be consolidated with an action commenced by defendant New York...

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