Davis v. Commack Hotel, LLC

Summary

The Appellate Division, Second Department affirmed the denial of the plaintiff's motion to stay a state personal-injury action pending resolution of a related federal action. The court held that the state and federal actions lacked substantial identity because the federal action involved alleged unconstitutional retaliation by Suffolk County and New York State Troopers, not the defendants in the state action.

Holdings

1. The motion for a stay was properly denied because the state and federal actions did not share substantial identity of parties, claims, and relief sought; the federal action did not involve any of the defendants named in the state action.

Questions Presented

1. Whether the Supreme Court properly denied a stay of the state action pending determination of the plaintiff's federal action.

Disposition

affirmed