Legal Opinion
DAIJ, Inc. v. Roth
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 2011PublishedCited by 35 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), entered January 9, 2009, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (4).
Ordered that the order is affirmed, with costs.
Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is…
2Cases cited4 opinions
- Whitney v. WhitneyNew York Court of Appeals · 1982
- Kent Development Co. v. LiccioneNew York Court of Appeals · 1975
- Cherico v. MidolloAppellate Division of the Supreme Court of the State of New York · 2009
- Liebert v. TIAA-CREFAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by35 opinions
- Clark v. ClarkAppellate Division of the Supreme Court of the State of New York · 2012
- Rinzler v. RinzlerAppellate Division of the Supreme Court of the State of New York · 2012
- Mazzei v. KyriacouAppellate Division of the Supreme Court of the State of New York · 2016
- Aurora Loan Services, LLC v. ReidAppellate Division of the Supreme Court of the State of New York · 2015
- A.F. Rockland Plumbing Supply Corp. v. Hudson Shore Associated Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
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