Practice point: Pursuant to CPLR 3211(a)(4), an action might be dismissed based on another pending action where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same.
Students should note that the critical element is that both suits arise out of the same subject matter or the same series of alleged wrongs.
DAIJ, Inc. v. Roth, NY Slip Op 05446 (2d Dept. 2011).
Tomorrow’s issue is Vehicle and Traffic Law.
