West Coast Co. v. Grafi

OPINION OF THE COURT

David B. Saxe, J.

Although it is the usual rule that a prior action is not “pending” within the meaning of CPLR 3211 (a) (4) where only a summons but no complaint has been served in the prior action, I hold that under certain circumstances, a departure from this rule is warranted.

Each of the three above-captioned motions and cross motions raise the identical issues and are accordingly consolidated for disposition.

*50The underlying actions are commercial nonpayment summary proceedings. The respondents have interposed various counterclaims seeking recovery for property damages…