GSL Enterprises, Inc. v. Citibank, N. A.

— Judgment of the Supreme Court, New York County (Harold Tompkins, J.), entered on June 5, 1989, based on an order of the same court entered on May 31, 1989, which granted defendant’s motion pursuant to CPLR 3211 (a) (4) for dismissal of the complaint on the ground of a prior pending action, is unanimously affirmed, without costs.

The instant complaint was properly dismissed because "a pending action existed between the same parties for essentially the same relief and involving the same actionable wrong”. (Healy v Dentcare Delivery Sys., 129 AD2d 557.) Plaintiff, in the instant complaint,…