Seaboard Surety Co. v. Gillette Co.

Order, Supreme Court, New York County, entered August 23, 1979, granting defendant Gillette’s motion to dismiss the complaint, unanimously reversed, on the law and on the facts, and in . the exercise of discretion, with costs and disbursements, and the motion denied. Relying solely upon the basis of priority, the court granted defendant’s motion to dismiss, which was premised upon the pendency of "another action pending between the same parties for the same cause of action” (CPLR 3211, subd [a], par 4). While priority must be considered in weighing such a motion, it is not necessarily the…