New York Court of Appeals

Harry P. Whitney v. Andrea R. Whitney

September 9, 198257 N.Y.2d 731

Summary

The Court held that under CPLR 3211 a trial court has broad discretion to deny a motion to dismiss on the ground that a similar action is pending, and that the Appellate Division erred in reversing that discretion. Accordingly, the appellate order was reversed, costs were awarded, and the matter was remanded for factual review and discretionary determination.