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UPTOWN HEALTHCARE MANAGEMENT, INC. v. RIVKIN RADLER LLP

12329-302814/12, 12329A

116 A.D.3d 631 (2014)

985 N.Y.S.2d 17

2014 NY Slip Op 2870

UPTOWN HEALTHCARE MANAGEMENT, INC., Doing Business as EAST TREMONT MEDICAL CENTER, Appellant, v. RIVKIN RADLER LLP et al., Respondents.

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

Decided April 29, 2014.

The motion court did not improvidently exercise its discretion by staying this action (see e.g. Belopolsky v Renew Data Corp., 41 A.D.3d 322 [1st Dept 2007]). Were we to substitute our own discretion (see e.g. Andon v 302-304 Mott St. Assoc., 94 N.Y.2d 740, 745 [2000]), we would reach the same result. Although there is not complete identity of parties and claims in the instant action and...

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