LIEBERT v. TIAA-CREF


34 A.D.3d 756 (2006)

826 N.Y.S.2d 339

LYNN L. LIEBERT, Appellant, v. TIAA-CREF et al., Respondents.

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

Decided November 28, 2006.


Ordered that the judgment is affirmed, with one bill of costs.

The Supreme Court properly granted the defendants' separate motions to dismiss the action pursuant to CPLR 3211 (a) (4) because there is a divorce action and a probate proceeding pending in a court of the state of Nevada in which the plaintiff's asserted interests may be litigated. CPLR 3211 (a) (4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another...

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