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FRIEDMAN v. 16 MADISON SQ. HOUS. CORP.

11597, 110361/11

113 A.D.3d 557 (2014)

979 N.Y.S.2d 516

2014 NY Slip Op 463

DANIEL FRIEDMAN et al., Appellants, v. 16 MADISON SQUARE HOUSING CORP., Respondent.

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

Decided January 28, 2014.

Order, Supreme Court, New York County (Louis B. York, J.), entered June 13, 2012, which granted defendant's motion to dismiss the complaint, unanimously affirmed, with costs.

Prior Case History: 2012 NY Slip Op 31556(U).

The motion court correctly dismissed the complaint because "there is another action pending between the same parties for the same cause of action" in Supreme Court (CPLR 3211 [a] [4]). The court, sua sponte, dismissed defendant's first counterclaim...

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