Kall & Kall, Inc. v. Nussbaum

Motion by the defendants Weinreb to dismiss the complaint as to them, pursuant to subdivision 3 of rule 107 of the Buies of Civil Practice on the ground that there is another action pending between the same parties for the same cause.

An action was commenced against the moving defendants herein by the plaintiff by the service of a summons on June 25, 1955. This summons named persons as defendants not named in the instant action. A complaint was never served in that action. The present action was commenced by the service of a summons and complaint on or about December 17, 1957. “ To meet the…