Maier-Schule GMC, Inc. v. General Motors Corp.

—Order and judgment unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in granting defendants’ motions to dismiss plaintiff’s action. CPLR 3211 (a) (4) vests a court with broad discretion in considering whether to dismiss an action on the ground that *964another action is pending between the same parties on the same cause of action (see, Whitney v Whitney, 57 NY2d 731, 732; Colon v Gold, 166 AD2d 406, 407). Defendants established that another action between the same parties was commenced in the United States District Court for the Western District of New York…