The IAS court providently exercised its discretion in granting defendants' motion to dismiss plaintiffs' New York action based on a previously-filed Nevada action involving substantially the same parties and the same causes of action (see CPLR 3211 [a] [4]). Given that plaintiffs asserted counterclaims in the Nevada action and did not commence this New York action until nearly two years after the commencement of the Nevada action, they
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NYPE v. LAS VEGAS LAND PARTNERS LLC
3004, 602625/09, 3004A, 3004B.
74 A.D.3d 497 (2010)
901 N.Y.S.2d 521
RUSSELL L. NYPE et al., Appellants, v. LAS VEGAS LAND PARTNERS LLC et al., Respondents. (And Another Action.)
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 8, 2010.
Decided June 8, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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