May 2, 2007

With defendant's motion for leave to oppose still pending, the lower court granted plaintiff's motion for discovery sanctions, even though a Pennsylvania court had issued a stay of proceedings against all insureds of defendant's insurance carriers. Plaintiff and Queens County Clerk had been properly served with the stay. The Second Department reversed, in Dambrot v. REJ Long Beach, which was decided on April 24, 2007. The court said that the Pennsylvania courts' stay was entitled to full faith and credit and effectively suspended all proceedings against defendant as of it issuance date. Since the deadline for REJ's filing of opposition papers had not expired before the filing and service of the stay, it was premature for the lower court to rule on plaintiff's prior motion.