Rappaport v. Davis

Motion to dismiss the complaint because another action is pending between the parties for the same cause, and cross motion for the removal from the District Court, County of Nassau, of the action titled “ Cloyd Davis v. David Bappaport” and consolidation of the same with the pending Supreme Court action.

The plaintiffs in the Supreme Court action sue for $8,037.85 damages resulting from the breach of a contract to construct two cesspools and drainage fields on premises owned by them at Kings Point, Nassau County. In a prior action commenced by the defendant in the District Court for work,…