October 11, 2022

Staying an action.

Pursuant to CPLR 2201, Supreme Court may stay an action pending before it "upon such terms as may be just," and the court has broad discretion to grant a stay in order to avoid the risk of inconsistent adjudications, duplication of proof, and the waste of judicial resources. Here, the first-in-time holdover proceeding involves the same parties and both proceedings require the resolution of questions arising from defendant's occupancy of the apartment. A stay is appropriate. 

215 W. 84th St. Owner LLC v. Ozsu, NY Slip Op 05495 (1st Dep't October 4, 2022)

Here is the decision.