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DAIJ, INC. v. ROTH

2010-06863.

85 A.D.3d 959 (2011)

925 N.Y.S.2d 867

2011 NY Slip Op 5446

DAIJ, INC., Appellant, v. RONALD H. ROTH et al., Respondents.

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

Decided June 21, 2011.

Ordered that the order is affirmed, with costs.

Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same (see Whitney v Whitney, 57 N.Y.2d 731, 732 [1982]; Kent Dev. Co. v Liccione,

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