Practice point: Pursuant to CPLR 3211(a)(4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending between the same parties for the same cause of action.
Practitioners should note that dismissal requires that both suits arise out of the same subject matter or series of alleged wrongs.
Case: Cherico, Cherico & Assoc. v. Midollo, NY Slip Op 07972 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Corporations
