Caggia v. Huguenot Greens, Inc.

Appellate Division of the Supreme Court of New York

Caggia v. Huguenot Greens, Inc.

187 A.D.2d 407, 590 N.Y.S.2d 739, 1992 N.Y. App. Div. LEXIS 12536

Appellate Division of the Supreme Court of the State of New York·Decided November 2, 1992·Published

Opinion

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Cu-sick, J.), entered November 13, 1989, which granted the motion of the defendants Huguenot Greens, Inc. and Jack Feiwus to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The instant action arises out of an alleged breach of a contract for the sale of real property. At the time the action was commenced, an action between the identical parties herein, arising out of the same alleged breach of the same contract of sale, was pending in the Civil Court, Richmond County. Therefore, the Supreme Court properly dismissed the complaint in the instant action (see, CPLR 3211 [a] [4]; see, JC Mfg. v NPI Elec., 178 AD2d 505, 506; Falzerano v DeLuca, 154 AD2d 431; Stanley Elec. Serv. v City of New York, 26 AD2d 951). Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Cu-sick, J.), entered November 13, 1989, which granted the motion of the defendants Huguenot Greens, Inc. and Jack Feiwus to dismiss the complaint.

Ordered that the order is affirmed, with costs.

The instant action arises out of an alleged breach of a contract for the sale of real property. At the time the action was commenced, an action between the identical parties herein, arising out of the same alleged breach of the same contract of sale, was pending in the Civil Court, Richmond County. Therefore, the Supreme Court properly dismissed the complaint in the instant action (see, CPLR 3211 [a] [4]; see, JC Mfg. v NPI Elec., 178 AD2d 505, 506; Falzerano v DeLuca, 154 AD2d 431; Stanley Elec. Serv. v City of New York, 26 AD2d 951). Mangano, P. J., Sullivan, O’Brien, Ritter and Pizzuto, JJ., concur.

Caggia v. Huguenot Greens, Inc., 187 A.D.2d 407, 590 N.Y.S.2d 739, 1992 N.Y. App. Div. LEXIS 12536 (N.Y. Ct. App. 1992).

Pincite

187 A.D.2d 407 (Caggia v. Huguenot Greens, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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