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WACHOVIA BANK, N.A. v. SILVERMAN

5134, 602796/09, 5135.

84 A.D.3d 611 (2011)

923 N.Y.S.2d 496

WACHOVIA BANK, N.A., Respondent, v. HARVEY SILVERMAN et al., Appellants.

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

Decided May 19, 2011.

Supreme Court providently exercised its discretion in denying defendants' motion for a stay pending the outcome of the federal action, which was in its early stages (see CPLR 2201). Granting the stay would have, among other things, unfairly deprived plaintiff of the speedy and efficient remedy provided by CPLR 3213 (see Banco Popular N. Am. v Victory Taxi Mgt., 1 N.Y.3d 381, 383 [2004]). Furthermore, in the federal action...

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