Appellate Division of the Supreme Court of New York, 1938

Cipolla v. Cipolla

Cipolla v. Cipolla
Appellate Division of the Supreme Court of New York · Decided October 14, 1938
255 A.D. 789; 7 N.Y.S.2d 66; 1938 N.Y. App. Div. LEXIS 5338
Cipolla v. Cipolla

Opinion of the Court

Order granting defendant’s motion to dismiss complaint under rule 107, subdivision 4, of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. In our opinion, the prohibition against *790the maintenance of two separate actions, pending between the same parties for the same cause, contained in rule 107 of the Rules of Civil Practice, subdivision 4, contemplates two such actions in which the same relief is sought upon the same general theory, irrespective of whether or not each of such actions sets forth an independent cause of action. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.