Reliance Insurance v. American Electric Power Co.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 6, 1995, which denied defendant’s motion seeking to dismiss or stay the action pursuant to CPLR 327 and 3211 (a) (4), unanimously affirmed, with costs.

The IAS Court properly declined to dismiss, or, in the alternative, stay the New York action pursuant to CPLR 3211 (a) (4), on the ground that there is another action pending between the same parties for the same or substantially the same relief in the United States District Court, Southern District of Ohio. The requisite complete identity of issues, for purposes of CPLR…