Theatre Confections, Inc. v. Andrea Theatres, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and motion granted, in accordance with the following memorandum: It was an abuse of discretion for Special Term to deny defendants’ application, pursuant to CPLR 2201, for a stay of this State action pending resolution of a Federal action commenced by defendants against plaintiff. At issue in both actions is the validity of the agreements which plaintiff seeks to enforce in the State action. Defen*970dants contend that these agreements violate Federal antitrust laws. This is an issue over which the Federal court has exclusive jurisdiction…
2Cases cited9 opinions
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
- Vendo Co. v. Lektro-Vend Corp.Supreme Court of the United States · 1977
- Kelly v. KosugaSupreme Court of the United States · 1959
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
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3Cited by4 opinions
- Winters Bros. Recycling Corp. v. H.B. Millwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Case v. CaseAppellate Division of the Supreme Court of the State of New York · 2010
- Commonwealth Electrical Inspection Services, Inc. v. Town of ClarenceAppellate Division of the Supreme Court of the State of New York · 2004
- Jack's Cookie Co. v. Du-Bro Foods, Inc.Civil Court of the City of New York · 1989