September 18, 2012

Stay of the proceedings.



Practice point: Except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just, pursuant to CPLR 2201.

Student note: A court has broad discretion to grant a stay in order to avoid the risk of inconsistent adjudications, application of proof, and the potential waste of judicial resources.

Case: HSBC Bank USA, N.A. v. Posy, NY Slip Op 06125 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Stating a 241(6) Labor Law claim.