In granting the stay based upon "another action pending" (CPLR 3211 [a] [4]), the IAS court relied entirely on a holdover proceeding entitled NRP LLC II v El Gallo Meat Mkt. (index No. 53395/00), understood to be pending in the Landlord-Tenant Part of Civil Court, New York County. Plaintiff asserts in its responding brief herein that Judge Acosta dismissed that proceeding on July 27, 2000, and defendants fail to refute or even address that assertion in their reply...
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