Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs' contention, their commencement of a second, identical action against the defendants pursuant to CPLR 306-b (b) was improper, inasmuch as there is no evidence in the record that their first action had been dismissed. Accordingly, the Supreme Court acted properly in granting the defendants' motion pursuant to CPLR 3211 (a) (4) to dismiss the second action (see, e...
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