Kung v. Farinella

—In an action to recover damages for breach of contract and the intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Queens County (Milano, J.), dated December 17, 1999, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (5) on the ground that another action was pending between the parties for the same relief, and on the basis of an arbitration and award in that action.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint reinstated.

Although the…