Bad Stay: CPLR § 2201

CPLR § 2201 Stay

Tribeca Lending Corp. v Crawford2010 NY Slip Op 09501 (App. Div., 2nd 2010)

The Supreme Court improvidently exercised its discretion in, sua sponte, staying enforcement of the judgment of foreclosure and sale pending the determination of a subsequently-commenced federal action. This action and the federal action do not share "complete identity of parties, claims, and reliefs sought" (Green Tree Fin. Servicing Corp. v Lewis, 280 AD2d 642, 643; see CPLR 2201; Winters Bros. Recycling Corp. v H.B. Millwork, Inc., 72 AD3d 942; Bennell Hanover Assoc. v Neilson, 215 AD2d 710, 711). Moreover, the amended complaint in the federal action was filed almost three years after commencement of this foreclosure action, and only after the dismissal of two bankruptcy proceedings which had twice operated to stay proceedings in this action. These facts weigh against the Supreme Court exercising its discretion to stay enforcement of the judgment of foreclosure and sale (cf. Wargo v Jean, 77 AD3d 919; Trinity Prods., Inc. v Burgess Steel LLC, 18 AD3d 318; Research Corp. v Singer-Gen. Precision, 36 AD2d 987)

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