Ten Eyck v. Lombard

This is a motion to dismiss the amended complaint, pursuant to rule 107 of the Rules of Civil Practice, upon the ground that there is another action pending between the same parties for the same cause.

The other action referred to was started on January 19, 1936. The complaint stated that at all times since April 1, 1935, the defendant had acted as broker or agent in the sale of milk without a license. It further alleged that according to the provisions of the Agriculture and Markets Law the current license year began April 1, 1935, and ended March 31, 1936. The complaint sought a permanent…