Gahagan Canavan Corp. v. Longacre Engineering & Construction Co.

Civil Practice Act, section 278, subdivisions 1 (c) and 2 (b) and Rules of Civil Practice, rule 106, subdivision 4, and rule 109, subdivision 3, apply, by their very terms, only to a situation where the pendency of another action between the same parties for the same cause appears on the face of the complaint or answer. This is also the holding in Gentilala v. Fay Taxicabs, Inc. (214 App. Div. 255; revd. on other grounds, 243 N. Y. 397), and in Thurman v. Gordon Co., Inc. (215 App. Div. 187). Where the pendency of another action between the same parties for the same cause does not appear on…