HUNTE v. CUBESMART SELF STOR.

Index No. 2713/22, Appeal No. 1396, Case No. 2022-05380.

2024 NY Slip Op 00133

LEILA ANN HUNTE, Plaintiff-Appellant, v. CUBESMART SELF STORAGE, Defendant-Respondent.

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

Decided January 11, 2024.


Attorney(s) appearing for the Case

Leila Ann Hunte, appellant pro se.

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford ( Lauren B. Bristol of counsel), for respondent.

Before: Kern, J.P., Oing, Singh, Kapnick, O'Neill Levy, JJ.


Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered on or about October 12, 2022, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(4), unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint on the ground that there is another action pending "between the same parties for the same cause of action" (CPLR 3211[a][4]). Plaintiff in this action seeks a monetary judgment in the amount of $100,000...

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