A party may move to dismiss a cause of action on the ground that there is another action pending between the same parties for the same cause of action in a court of any state or the United States. The court need not dismiss upon this ground, but may make such order as justice requires.
21st Mtge. Corp. v. Ahmed, NY Slip Op 04899 (2d Dep't June 19, 2019)
Here is the decision.
