Tinicum Financial Corp. v. Lorch

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 3, 1995, which, in an action pursuant to CPLR 3213 to enforce defendant’s guarantee of a promissory note, granted defendant’s motion to stay the action on the ground of another action pending, unanimously affirmed, with costs.

Insofar as the other, earlier commenced action involves *215plaintiffs status as a holder in due course of the note, it puts in issue the enforceability of the note and guarantee sued upon herein, making a stay of the instant action an appropriate exercise of discretion (see, El Greco Inc. v Cohn, 139…