Montco, Inc. v. Emergency Beacon Corp.

In an action to foreclose a mortgage, in which defendant Emergency Beacon Corporation brought a third-party action for conspiracy to defraud, said defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County, dated March 30,1979, as granted the motion of third-party defendant Sherman and Citron, pursuant to CPLR 3211 (subd [a], par 4), to dismiss the third-party action as against it on the ground that there was another action pending between the same parties for the same causes of action in a different court. Order affirmed insofar as appealed…