Sotirakis v. United Services Automobile Ass'n

In an action to recover damages for breach of a policy of insurance, defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated July 25, 1983, which denied its motion to dismiss the action pursuant to CPLR 3211 (subd [a], par 4) upon the ground that another action was pending between the parties on the same cause of action and granted plaintiff’s cross motion to strike its fourth and fifth affirmative defenses. 11 Order affirmed, with costs. 11 The dismissal of plaintiff’s prior action pursuant to CPLR 3012 (subd [b]) did not constitute a dismissal on the merits…