Data-Guide, Inc. v. American R. D. M. Corp.

Defendant moves, pursuant to rule 107 of the Rules of Civil Practice, for an order dismissing the complaint upon the ground that there is an existing final judgment rendered on the merits determining the same cause between the same parties, and upon the further ground of another action pending. The application on the latter ground has been withdrawn.

Admittedly, there was a prior action, between the same parties, based upon the same facts, and involving essentially the same cause of action. There was a dismissal of the prior action, by reason of the plaintiffs’ failure to comply with…