SAFECARD SERVS., INC. v. AM. EXPRESS TRAVEL RELATED SERVS. CO., INC.


203 A.D.2d 65 (1994)

610 N.Y.S.2d 23

Safecard Services, Inc., Appellant-Respondent, v. American Express Travel Related Services Company, Inc., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 7, 1994


CPLR 3211 (a) (4) provides that a court may dismiss an action where "there is another action pending between the same parties for the same cause of action in a court of any state or the United States" but specifically provides that "the court need not dismiss upon this ground but may make such order as justice requires." One alternative available to a court faced with a motion to dismiss on such grounds where it appears that the other action may be resolved in a manner which...

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