DATWANI v. DATWANI

9126, 112937/11.

102 A.D.3d 616 (2013)

959 N.Y.S.2d 153

2013 NY Slip Op 542

JANAK DATWANI, Appellant-Respondent, v. KISHIN DATWANI, Respondent-Appellant.

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

Decided January 31, 2013.


It was error for the IAS court to sua sponte impose a stay of this action, as no party requested that relief, and defendant, who would have benefited from the stay, did not even make a motion, cross motion or other application for relief (see HCE Assoc. v 3000 Watermill Lane Realty Corp., 173 A.D.2d 774, 774-775 [2d Dept 1991]). Further, resolution of the issues in the related Indian litigations would not be determinative of the...

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