RELIANCE INS. CO. v. AM. ELEC. POWER CO., INC.


224 A.D.2d 235 (1996)

637 N.Y.S.2d 710

Reliance Insurance Company et al., Respondents, v. American Electric Power Company, Inc., Appellant

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

February 8, 1996


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 3211 (a) (4), does not exist (see, Kent Dev. Co. v Liccione, 37 N.Y.2d...

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