DIETZ v. LINDE GAS N. AM., LLC

10517NA. 653023/18. 10517N.

178 A.D.3d 469 (2019)

114 N.Y.S.3d 66

2019 NY Slip Op 08789

Andrew Dietz et al., Appellants, v. Linde Gas North America, LLC, et al., Respondents.

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

Decided December 5, 2019.


Attorney(s) appearing for the Case

Winston & Strawn LLP, New York ( Luke A. Connelly of counsel), for appellants.

Day Pitney LLP, New York ( Anthony J. Marchetta of counsel), for respondents.

Concur—Richter, J.P., Gische, Webber, Gesmer, JJ.


Supreme Court providently exercised its discretion in granting and then continuing a stay of this litigation pending an outcome in the New Jersey action, given the substantial identity of parties and claims in the two actions and the fact that the New Jersey action involves more comprehensive claims, including New Jersey statutory claims alleging racketeering and securities fraud, which encompass the issues in this litigation (AIG Fin. Prods. Corp. v Penncara Energy, LLC...

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