Proietto v. Donohue
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for fraud and breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated October 18, 1990, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (4) on the ground that another action was pending between the parties for the same relief, and denied additional applications as moot.
Ordered that the order is reversed, on the law, with one bill of costs, the defendants’ motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court,…
2Cases cited6 opinions
- Whitney v. WhitneyNew York Court of Appeals · 1982
- Morgulas v. J. Yudell Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Barringer v. ZgodaAppellate Division of the Supreme Court of the State of New York · 1982
- Forget v. RaymerAppellate Division of the Supreme Court of the State of New York · 1978
- Mullins v. SaulAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by9 opinions
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- Spector v. ZuckermannAppellate Division of the Supreme Court of the State of New York · 2001
- Nakazawa v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2008
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