Morrissey v. Morrissey

Summary

The New York Appellate Division, First Department, affirmed the denial of the wife's motion to consolidate a Family Court proceeding with the matrimonial action and for renewed maintenance and pendente lite relief. The court also affirmed dismissal under CPLR 3211(a)(4), holding that a previously pending Queens County matrimonial action involved the same parties, subject matter, and substantially similar relief.

Holdings

1. Supreme Court providently exercised its broad discretion to dismiss the New York County matrimonial action because the Queens County matrimonial action was pending first, involved the same parties, arose from the same subject matter, and sought substantially the same relief.
2. The wife's remaining contentions were unavailing and did not warrant reversal.

Questions Presented

1. Whether dismissal under CPLR 3211(a)(4) was proper where an earlier-pending matrimonial action between the same parties arose from the same subject matter and sought substantially the same relief.
2. Whether the wife's remaining contentions warranted reversal of the order.

Disposition

affirmed