Murphy v. 317-319 Second Realty LLC

Román, J.,

dissents in part in a memorandum as follows: In failing to dismiss plaintiffs first and second causes of action and in granting plaintiffs motion to consolidate this action with the special holdover proceeding, the motion court erred. Therefore, I dissent.

A motion to dismiss pursuant to CPLR 3211 (a) (4), on the ground that “there is another action pending between the same parties for the same cause of action,” shall be granted if it is established that the action for which dismissal is sought was *446initiated subsequent to another already pending action and that both actions share…