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BRODY TRUCK RENTAL, INC. v. COUNTRY WIDE INS. CO.

238 A.D.2d 207 (1997)

656 N.Y.S.2d 865

Brody Truck Rental, Inc., et al., Plaintiffs, v. Country Wide Insurance Company et al., Appellants, and Truck Rite Distribution Systems Corp., Respondent

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

April 17, 1997

The IAS Court correctly held that appellant waived its right to raise the defense that respondent's counterclaim in the Civil Court action constitutes another action pending between these parties for the same cause of action, appellant having failed to raise this ground for dismissal in a prior motion to dismiss respondent's cross claims (CPLR 3211 [e]; 226 A.D.2d 205, supra). While respondent...

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