Cardinal Sales, Inc. v. Great Atlantic & Pacific Tea Co.

In an action to recover damages for breach of a lease of commercial property, the defendant appeals from an order of the Supreme Court, Suffolk County (Thom, J.), which denied its motion, pursuant to CPLR 3211 (subd [a], par 4), to dismiss the action upon the ground that another action is pending between the parties for the same cause of action. Order affirmed, with $50 costs and disbursements, without prejudice to a motion to change the venue either of this action or the action pending between these parties and others in the Supreme Court, Nassau County, and for an order directing the joint…