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Jacobs v. Mostow

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 5, 2010

DAVID B. JACOBS, APPELLANT,
v.
MICHAEL MOSTOW, ET AL., RESPONDENTS, ET AL., DEFENDANTS.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J. P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, PLUMMER E. LOTT, JJ.

(Index No. 7715/07)

DECISION & ORDER

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]).

FISHER, J. P., ANGIOLILLO, ENG and LOTT, JJ., concur.

20100105

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