Cherico v. Midollo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Bellantoni, J.), entered September 24, 2008, as granted that branch of the defendant’s motion which was 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.
Ordered that the order is affirmed insofar as appealed, without costs or disbursements.
Pursuant to CPLR 3211 (a) (4), a court has broad discretion in…
2Cases cited12 opinions
- Whitney v. WhitneyNew York Court of Appeals · 1982
- White Light Productions, Inc. v. On The Scene Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Kent Development Co. v. LiccioneNew York Court of Appeals · 1975
- Lopez v. ShaughnessyAppellate Division of the Supreme Court of the State of New York · 1999
- Barringer v. ZgodaAppellate Division of the Supreme Court of the State of New York · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- DAIJ, Inc. v. RothAppellate Division of the Supreme Court of the State of New York · 2011
- 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
- Goldman v. A&E Club Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Wells v. Town of LenoxAppellate Division of the Supreme Court of the State of New York · 2013
23 more not listed; retrieve them via the Exa API.