Theatre Confections, Inc. v. Cate Enterprises

Respondent moves this court for an order dismissing the petition herein or in the alternative staying this proceeding pursuant to CPLR 3211 (subd [a], par 4) and for such other and further relief as to this court seems just and proper.

The issue is whether this court is entitled to order a stay of the proceeding before it, notwithstanding respondent’s waiver of its right to move pursuant to CPLR 3211 (subd [a], par 4).

The proceedings as they appear from the moving papers, opposition papers, and pleadings are as follows:

Cate Enterprises, Inc. ("Cate”), as a plaintiff, commenced an action…