Stewart Title Insurance Co. v. Wingate, Kearney & Cullen

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered January 20, 2015, which granted defendants’ motion to dismiss the complaint, pursuant to CPLR 3211 (a) (4), on the ground that there is another action pending between the same parties for the same cause of action in Kings County, and denied plaintiff’s cross motion to stay the action pending a determination of the appeal in the Kings County action, unanimously affirmed, with costs.

Two of the causes of action in the instant action are identical to the two causes of action asserted in the Kings County action, which has been…