Henry v. Solomon & Solomon, P. C.

Appeal from an order of the Supreme Court (Conway, J.), entered December 21, 1992 in Albany County, which, upon reargument, granted defendants’ motion to dismiss the complaint.

Defendants moved to dismiss this action pursuant to CPLR 3211 (a) (4) contending that there was another action pending between the same parties for the same cause of action in another court. Supreme Court, although concluding that the underlying causes of action were not the same, exercised the discretionary authority vested in it by CPLR 3211 (a) (4) and ordered that this action be consolidated with an action commenced…