ALCIDE v. WESTCHESTER COUNTY MED. CTR.


234 A.D.2d 239 (1996)

651 N.Y.S.2d 327

Colleen Alcide et al., Appellants, v. Westchester County Medical Center et al., Respondents

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

December 2, 1996


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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