Conkling Rug Co. v. Hinman

This motion searches the record to determine whether an order shall be made dismissing the plaintiff’s complaint or according the defendant any other relief.

The only process served upon the defendant is a complaint served April 17, 1941. Prior to the service of said complaint and on March 24, 1941, an action was commenced by the instant defendant against the instant plaintiff by the service of a summons and complaint in an action instituted in the Municipal Court of Syracuse, N. Y. The Municipal Court action is .at issue and two orders to show cause have been obtained by the instant plaintiff…