Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 3211 (a) (4) provides that in deciding whether to dismiss an action on the ground that there is another action pending between the parties, "the court need not dismiss upon this ground but may make such order as justice requires". Under the circumstances presented in this case, the court did not improvidently exercise its discretion in dismissing the action
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