Summary
upholding dismissal of a complaint "because a pending action existed between the same parties for essentially the same relief and involving the same actionable wrong"
Summary of this case from Donovan v. Ficus Invs., Inc.Opinion
November 2, 1989
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The instant complaint was properly dismissed because "a pending action existed between the same parties for essentially the same relief and involving the same actionable wrong". (Healy v Dentcare Delivery Sys., 129 A.D.2d 557.) Plaintiff, in the instant complaint, expands on its pleadings of fact and adds new causes of action that are different in form. Nonetheless, both complaints essentially seek relief on the basis of defendant's alleged failure to fulfill contractual obligations to obtain a certificate of occupancy for a building sold to plaintiff by defendant's subsidiary, and to indemnify plaintiff for actions brought by tenants of the subject building.
Concur — Kupferman, J.P., Carro, Asch, Kassal and Rosenberger, JJ.