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CANADIAN IMPERIAL BANK OF COMMERCE v. COMMONWEALTH INSURANCE COMPANY

19 A.D.3d 211 (2005)

797 N.Y.S.2d 449

CANADIAN IMPERIAL BANK OF COMMERCE, Appellant, v. COMMONWEALTH INSURANCE COMPANY, Respondent.

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

June 16, 2005.

Temporarily staying this action pending the outcome of plaintiff's argument, made as defendant in a pending Canadian action, that the Canadian action should be dismissed (see Commonwealth Ins. Co. v Canadian Imperial Bank of Commerce, [2005] O J 1167, 2005 CarswellOnt 1216, 2005 On C LEXIS 1355) and until further order of the New York court, was an appropriate exercise of discretion (see Matter of Miller, 233 A.D.2d 236 [1996...

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