Allied Properties v. 236 Cannon Realty LLC

*319Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered November 29, 2002, which denied defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (4), unanimously affirmed, with costs.

Defendants, in seeking to dismiss this action on the ground that there is another action pending, have failed to make the requisite showing that the other action, a federal action which they commenced, was improperly preempted by a race to the courthouse, or that the actions involve identical parties and issues (see Guilden v Baldwin Sec. Corp., 189 AD2d 716 [1993]). Although defendants urge…