Rene J. DeLorme, Inc. v. Union Square Agency, Inc.

(for affirmance). Brought to us is a question of practice under Court Rule No 18, § 1 (d) (1945). Plaintiffs’ suit for damages, alleging an actionable breach of contract on the part of defendants, was met by successful motion of defendant Union Square Agency, Inc., to dismiss on ground of another action pending between the same parties for the same cause. The motion was properly verified, as required by the mentioned court rule. Plaintiffs responded with an “Answer to Motion” alleging that the 2 pending suits are not “for the same cause.” * They failed, however, to verify such answer under…