Barringer v. Zgoda

— Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered November 18, 1981 in Albany County, which, inter alia, granted plaintiffs’ motion for dismissal of defendant’s counterclaim pursuant to CPLR 3211 (subd [a], par 4). Special Term properly dismissed defendant’s counterclaim. Defendant does not dispute that she has a separate action pending in the United States District Court against plaintiffs and some additional parties for the same causes of action asserted in the counterclaim. Substantial, not complete, identity of parties is all that is required to invoke CPLR…