Ordered that the order is affirmed, with costs.
The defendants moved, inter alia, to dismiss the complaint pursuant to CPLR 3211 (a) (4), based on another action pending between the same parties seeking payment of a promissory note and recovery of amounts allegedly improperly distributed to the defendant Anthony Lopane as administrator of his wife's estate, which should have been paid to the plaintiff as a result of the debt reflected in the note. The instant action...
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