Wanek v. Richardson-Merrell, Inc.

Plaintiff moves pursuant to subdivisions 3 and 6 of rule 109 of the Buies of Civil Practice for dismissal of the separate defense for legal insufficiency. Defendants cross-move pursuant to rule 3211 of the Civil Practice Law and Buies for judgment dismissing the complaint upon the ground of prior action pending or, in the alternative, for an order pursuant to section 2201 of the Civil Practice Law and Buies staying the action. It is alleged by the defense that another action is pending in the United States District Court, Southern District of New York. At the time of plea of bar and prior…