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TRINITY PRODUCTS, INC. v. BURGESS STEEL LLC

18 A.D.3d 318 (2005)

795 N.Y.S.2d 40

TRINITY PRODUCTS, INC., Appellant, v. BURGESS STEEL LLC et al., Respondents.

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

May 17, 2005.

In this action to foreclose on a mechanic's lien, the court abused its discretion in failing to stay this action pending determination of a Missouri federal breach of contract action. Upon "consideration of issues of comity, orderly procedure, and judicial economy," we find "substantial identity between [the] state and federal actions" (Asher v Abbott Labs., 307 A.D.2d 211, 211 [2003]). The federal action was commenced first, in...

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