Vim Electric Co. v. Zaratzky

On this motion for reargmnent a novel situation is presented. The plaintiff commenced two actions for the same cause against the same defendants; one was brought in the First District, Manhattan, and the other in the First District, Brooklyn. The reason for this was that there had been a substitution of attorneys, the second attorney not being informed that an action had already been commenced. The defendants thereupon made a motion to dismiss the Brooklyn action on the ground that there was a prior action pending. After the hearing of this motion, but before decision was rendered, the…