Trinidad v. All Faiths Cemetery

Summary

The Appellate Division, Second Department, affirmed an order denying All Faiths Cemetery's motion to dismiss an amended complaint under CPLR 3211(a)(4) based on a related pending proceeding. The court held that although the actions involved substantially identical parties and arose from the same alleged wrong, they were not sufficiently similar and did not seek the same or substantially the same relief.

Holdings

1. Dismissal was not warranted because, although there was a substantial identity of the parties and both matters arose from the same alleged wrong, the two proceedings were not sufficiently similar and sought relief that was not the same or substantially the same.

Questions Presented

1. Whether the amended complaint should be dismissed under CPLR 3211(a)(4) because of the pending 2022 proceeding involving substantially the same parties and alleged wrong.
2. Whether the relief sought in the present action was the same or substantially the same as the relief sought in the 2022 proceeding.

Disposition

affirmed