From Casetext: Smarter Legal Research

Jacobs v. Mostow

Appellate Division of the Supreme Court of New York, Second Department
Jan 5, 2010
69 A.D.3d 577 (N.Y. App. Div. 2010)

Opinion

No. 2008-10621.

January 5, 2010.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), dated September 30, 2008, which granted the motion of the defendants Michael Mostow, Horace Williams, Herschel Williams, Arnold Goldberg, Roosevelt Union Free School District, Board of Education of the Roosevelt Union Free School District, and Glen Simmons to dismiss the complaint insofar as asserted against them.

David B. Jacobs, Freeport, N.Y., appellant pro se.

Sokoloff Stern, LLP, Westbury, N.Y., for respondents Michael Mostow, Horace Williams, Herschel Williams, Arnold Goldberg, Roosevelt Union Free School District, Board of Education of the Roosevelt Union Free School District, and Glen Simmons.

Before: Fisher, J.P., Angiolillo, Eng and Lott, JJ., concur.


Ordered that the order is affirmed, with costs.

In March 2001, the plaintiff commenced an action against the defendant Roosevelt Union Free School District and its various officials (hereinafter collectively the District). That case is pending. In April 2007, the plaintiff commenced the instant action, alleging virtually the same claims as in the 2001 action. The Supreme Court properly granted the District's motion to dismiss the complaint insofar as asserted against it because "there is another action pending between the same parties for the same cause of action" (CPLR 3211 [a] [4]).


Summaries of

Jacobs v. Mostow

Appellate Division of the Supreme Court of New York, Second Department
Jan 5, 2010
69 A.D.3d 577 (N.Y. App. Div. 2010)
Case details for

Jacobs v. Mostow

Case Details

Full title:DAVID B. JACOBS, Appellant, v. MICHAEL MOSTOW et al., Respondents, et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 5, 2010

Citations

69 A.D.3d 577 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 107
891 N.Y.S.2d 287