Majority
p. 844Florence W. Vaughan, Respondent, v. Harry E. Hollingsworth and Another, Appellants.
Order denying defendants’ motion to dismiss complaint on the ground that there was another action pending between the parties for the same relief, affirmed, without costs, it appearing that since the entry of the order appealed from the former action has been discontinued. (See Crossman v. Universal Rubber Co., 131 N. Y. 636 ; Beals v. Cameron, 3 How. Pr. 414 ; Averill v. Patterson, 10 N. Y. 500 .) Kelly, P. J., Jaycox, Young, Kapper and Lazansky, JJ., concur.
Cases cited
- Crossman v. Universal Rubber Co. 131 N. Y. 636 p. 844
- Beals v. Cameron 3 How. Pr. 414 p. 844
- Averill v. Patterson 10 N. Y. 500 p. 844