Conklin v. Wilbur

In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Rockland County, entered May 24, 1965, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 4) [another action pending] and denied plaintiffs’ cross motion to vacate an order of preclusion entered in the first action or, in the alternative, to discontinue the same. Order modified (1) by amending its first decretal paragraph so as to deny defendant’s motion to dismiss the second action; and (2) by striking out its second decretal…