Ferrandino v. Cartelli

Order entered on October 2, 1959 and the judgment thereon dismissing the complaint on the ground of another pending action between the parties reversed, on the law, on the facts and in the exercise of discretion, with costs to plaintiffs-appellants and the motion denied, with $10 costs. In the prior action judgment was entered December 26, 1958 after inquest. In this action on July 23, 1959' defendant-respondent moved to dismiss the complaint on the ground that the prior action was pending. (Rules Civ. Prac., rule 107, subd. 3.) In the interim the moving defendant had moved to vacate the…