PALM BAY INTERNATIONAL, INC. v. WINEWAVE, LTD.

005946/09, Motion Sequence # 001

2009 NY Slip Op 32001 (U)

PALM BAY INTERNATIONAL, INC., Plaintiff, v. WINEWAVE, LTD., Defendant.

Supreme Court, Nassau County

August 20, 2009


STEPHEN A. BUCARIA, Judge.

This motion, by defendant, for an order (a) pursuant to CPLR 3211(a)(4) to dismiss the complaint of plaintiff Palm Bay International, Inc. ("Palm Bay"); or (b) in the alternative, for an order pursuant to CPLR 2201 to stay all proceedings in connection with the complaint, pending resolution of the overlapping actions that Palm Bay has previously filed in the United States District Court for the Eastern District of New York, is determined...

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