Opinion
February 1, 1943.
Action for the dissolution of a partnership, an accounting, and for other equitable relief. Order granting respondent's motion, under rule 107, subdivision 4, Rules of Civil Practice, to dismiss the complaint on the ground that another action between the same parties for the same cause is pending, and the judgment entered on such order, reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, with leave to respondent to answer within ten days from the entry of the order hereon. The present action, as disclosed by the pleadings, concerns many elements similar to those asserted under the counterclaim in the first action. There is not identity, however. In addition, the present action concerns the rights of additional parties. ( Westminster Church v. Presbytery of N.Y., 211 N.Y. 214.) Upon proper application the causes might well be consolidated. Carswell, Johnston, Adel, Taylor and Lewis, JJ., concur.