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BROOK v. ZUCKERMAN

4878, 652265/13.

155 A.D.3d 415 (2017)

62 N.Y.S.3d 801

2017 NY Slip Op 07682

ADAM BROOK, M.D., PH.D., et al., Appellants, v. JAY ZUCKERMAN et al., Respondents, et al., Defendants.

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

Decided November 2, 2017.

The court providently exercised its discretion in dismissing the above-cited claims on the grounds of another action pending between the same parties (CPLR 3211 [a] [4]; see Whitney v Whitney, 57 N.Y.2d 731 [1982]). Both this action and a prior action commenced by plaintiffs in 2012 arose out of the same subject matter or series of alleged wrongs (see PK Rest., LLC v Lifshutz, 138 A.D.3d 434

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