Cooperman v. C. O. R. Land Corp.

In this action seeking a declaratory judgment as well as defendants’ injunctive relief, defendants move for an order pursuant to rule 3211 (subd. fa], par. 1) of the Civil Practice Law and Buies dismissing the complaint on the ground that there is another action pending between the same parties for the same cause of action.

The action referred to and the basis for this motion was instituted by a number of plaintiffs including the plaintiffs herein seeking injunctive relief, restraining the defendants from erect*331ing any commercial structure upon the land in question and to remove any portion of…