Practice point: The Appellate Division affirmed dismissal of the complaint, pursuant to CPLR 3211(a)(4), as it is undisputed that there was a pending foreclosure action on the same mortgage commenced by plaintiff's predecessor-in-interest.
Student note: Where there is a substantial identity of the parties, the two actions
are sufficiently similar, and the relief sought is substantially the
same, a court has broad discretion in determining whether an action
should be dismissed pursuant to CPLR 3211(a)(4) on the ground that there
is another action pending. The critical element is that
both suits arise out of the same subject matter or series of alleged
wrongs.
Case: Aurora Loan Servs., LLC v. Reid, NY Slip Op 07607 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Calculating interest.
