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CREST SHIPPING AGENCY (NY) INC. v. COMMODORE CONSULTING INC.

294 A.D.2d 192 (2002)

741 N.Y.S.2d 699

CREST SHIPPING AGENCY (NY) INC., Respondent, v. COMMODORE CONSULTING INC. et al., Appellants.

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

Decided May 16, 2002.

Since the parties and issues raised in this action are not substantially identical to those in the action previously commenced by defendant Carmine Ragucci in Richmond County, the IAS court properly denied defendants' cross motion to dismiss on the ground that another action between the same parties was pending (cf., Matter of Cliff v Mayo, 271 A.D.2d 763).

Summary judgment in lieu of complaint was properly granted upon the...

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