De Marco v. Boghossian

John H. Galloway, Jr., J.

Defendant moves pursuant to subdivisions 3 and 4 of rule 107 of the Buies of Civil Practice to dismiss the complaint on the grounds (1) that there is another action pending between the same parties for the same cause, and (2) that there is a decree of this court rendered on the merits determining the same cause of action between the same parties.

Defendant cannot prevail on either ground.

In support of the first ground, defendant offers as the “ other action pending” an action commenced in the Supreme Court, Westchester County, in early 1957 by Port Chester Lumber…