Whitney v. Whitney, 440 N.E.2d 1324 (N.Y. 1982). · Go Syfert
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Whitney v. Whitney, 440 N.E.2d 1324 (N.Y. 1982). Cases Citing This Book View Copy Cite
130 citation events (99 in the last 25 years) across 8 distinct courts.
Strongest positive: Burstein v. Watson, 248 A.D.3d 431 (N.Y. App. Div. 1st Dep't 2026)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
How cited ↗
Cited for
57 N.Y.2d at 732 Broad discretion in dismissing action due to pending case54 citing cases“vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action”6 citing courts quote it · 46 listed here
  • Burstein v. Watson, 248 A.D.3d 431 (N.Y. App. Div. 1st Dep't 2026).published
    Chesler, J.), entered on or about December 22, 2022, which, to the extent appealed from as limited by the briefs, denied defendant's cross-motion to dismiss the child support petition filed by plaintiff or consolidate the actions, denied h…
  • Morrissey v. Morrissey, 247 A.D.3d 415 (N.Y. App. Div. 1st Dep't 2026).published
    Accordingly, Supreme Court providently exercised its "broad discretion" in granting the husband's cross-motion to dismiss pursuant to CPLR 3211(a)(4) ( Whitney v Whitney , 57 NY2d 731, 732 [1982]; see Matter of Pryce v Pryce , 160 AD3d 965…
  • Shilian v. EOM Fountain Sq. LLC, 2026 NY Slip Op 30637(U) (N.Y. Sup. Ct., New York Cty. 2026).unpublished
    (holding that dismissal was proper when the prior pending case had substantially similar causes of action, parties, and relief sought)
  • Aykac v. City of New York, 2025 NY Slip Op 31146(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    NO. 18 RECEIVED NYSCEF: 04/07/2025 “on the ground that another action is pending between the same parties on the same cause of action” (Whitney v Whitney, 57 NY2d 731, 732 [1982]), the court dismisses the complaint for the reasons above.
  • Vaster Sub II, LLC v. Safdieh, 2024 NY Slip Op 33808(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    Moreove r, the determi nation of whether to dismiss based on another action pending is subject to the court's broad discretio n ( Whitney v Whitney, 57 NY2d 731,732 [1982]).
  • Woodcock Capital LLC v. Schildr Inc., 2024 NY Slip Op 33809(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    LL(!, 115 AD3d 444 , 444·445 [1st Dept 2014], citing Whitney v Whitney, 57 NY2d 731, 732 [1982]; Stevens v Law Off. ofBlank & Star, PLLC, 155 AD3d 917, 918 [2d Dept 2017] ["Where there is a substantial identity of the parties, the two acti…
  • Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op 51341(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    "CPLR 3211(a)(4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action." Whitney v. Whitney , 440 N.E.2d 1324, 1324…
  • SD Second Ave. Member LLC v. SD Second Ave. Venture, LLC, 2024 NY Slip Op 33073(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    Dismissal on this ground is in the broad discretion of the court (Whitney v Whitney, 57 NY2d 731, 732 [1982]).
  • Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 229 A.D.3d 1362 (N.Y. App. Div. 4th Dep't 2024).published
    Cassar, P.C. , 140 AD3d 1732, 1734 [4th Dept 2016], quoting Whitney v Whitney , 57 NY2d 731, 732 [1982]). " 'While complete identity of the parties is not a necessity for dismissal under [the statute] . . . , there must at least be a subst…
  • RDF Agent, LLC v. Elec. Red Ventures, LLC, 227 A.D.3d 424 (N.Y. App. Div. 1st Dep't 2024).published 2 cites
    With respect to the July 2022 order, which is brought up for review upon the appeal from the judgment, we find that the court providently exercised its discretion in denying defendants' motion to dismiss this action pursuant to CPLR 3211(a…
Show 36 more citing cases
  • Where the Heart Is LLC v. Newrez LLC, 2024 NY Slip Op 30362(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished 2 cites
    The court is vested with broad discretion in deciding whether to dismiss pursuant to CPLR 3211 (a) (4) (Whitney v Whitney, 57 NY2d 731, 732 [1982]).
  • Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 216 A.D.3d 447 (N.Y. App. Div. 1st Dep't 2023).published 2 cites
    CPLR 3211(a)(4) vests a court with "broad discretion" in determining whether to "dismiss an action on the ground that another action is pending between the same parties on the same cause of action" ( Whitney v Whitney , 57 NY2d 731, 732 [1…
  • Haart v. Scaglia (N.Y. Sup. Ct. 2023).unpublished 2 cites
    Pursuant to CPLR 3211(a)(4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending between the same parties for the same cause of action ( see Whitney v Whitney…
  • Nurlybayev v. SmileDirectClub, Inc., 205 A.D.3d 455 (N.Y. App. Div. 1st Dep't 2022).published 2 cites
    Supreme Court properly dismissed this action under CPLR 3211(a)(4) ( see Whitney v Whitney , 57 NY2d 731, 732 [1982]).
  • Zanani v. Sutton Apts. Corp., 193 A.D.3d 536 (N.Y. App. Div. 1st Dep't 2021).published 2 cites
    While the motion court did not abuse its discretion in granting the cooperative's motion pursuant to CPLR 3211(a)(4) ( see Whitney v Whitney , 57 NY2d 731, 732 [1982]), it would have been preferable for the court to have granted the motion…
  • Jacobs v. Westchester Indus. Complex, LLC, 156 A.D.3d 608 (N.Y. App. Div. 2d Dep't 2017).published
    The Supreme Court did not improvidently exercise its discretion in granting those branches of the defendants’ motion which were to dismiss the fourth and fifth causes of action pursuant to CPLR 3211 (a) (4), as those causes of action were…
  • IRX Therapeutics, Inc. v. Landry, 150 A.D.3d 446 (N.Y. App. Div. 1st Dep't 2017).published
    Nevertheless, the motion court providently exercised its discretion in dismissing this action based on the pendency of an action in federal court in Texas concerning the same alleged contract (see Whitney v Whitney, 57 NY2d 731, 732 [1982]…
  • Swartz v. Swartz, 145 A.D.3d 818 (N.Y. App. Div. 2d Dep't 2016).published
    The Supreme Court properly denied that branch of the Swartz defendants’ motion which was pursuant to CPLR 3211 (a) (4) to dismiss the amended complaint insofar as asserted against the Swartz daughters. “ ‘Pursuant to CPLR 3211 (a) (4), a c…
  • MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC, 55 Misc. 3d 241 (N.Y. Sup. Ct. 2016).published 2 cites
    (See Whitney v Whitney, 57 NY2d 731, 732 [1982]; Scottsdale Ins.
  • Cellino & Barnes, P.C. v. Law Off. of Christopher J. Cassar, 140 A.D.3d 1732 (N.Y. App. Div. 4th Dep't 2016).published
    That provision “vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action” (Whitney v Whitney, 57 NY2d 731, 732 [1982]).
  • Mazzei v. Kyriacou, 139 A.D.3d 823 (N.Y. App. Div. 2d Dep't 2016).published
    “Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently simi…
  • Jadron v. 10 Leonard Street, LLC, 124 A.D.3d 842 (N.Y. App. Div. 2d Dep't 2015).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending between the same parties for the same cause of action (see Whitney v Whitne…
  • JP Morgan Chase Bank, N.A. v. Balliraj, 113 A.D.3d 821 (N.Y. App. Div. 2014).published 2 cites
    The Supreme Court providently exercised its discretion by, in effect, denying that branch of the defendants’ cross motion which was to dismiss the complaint in action No. 2 pursuant to CPLR 3211 (a) (4) (see Whitney v Whitney, 57 NY2d 731,…
  • Scottsdale Ins. v. Indem. Ins., 110 A.D.3d 783 (N.Y. App. Div. 2d Dep't 2013).published 4 cites
    Where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same, a court has broad discretion in determining whether an action should be dismissed pursuant to…
  • Morgan Barrington Fin. Servs., Inc. v. Nahzi, 85 A.D.3d 1135 (N.Y. App. Div. 2d Dep't 2011).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending (see Whitney v Whitney, 57 NY2d 731, 732 [1982]; Kent Dev.
  • DAIJ, Inc. v. Roth, 85 A.D.3d 959 (N.Y. App. Div. 2d Dep't 2011).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently simil…
  • Rossignol v. Rossignol, 82 A.D.3d 1335 (N.Y. App. Div. 3d Dep't 2011).published
    John, 201 AD2d 552, 552-553 [1994]; Karasik v Karasik, 172 AD2d 294, 294 [1991]), we conclude that dismissal of the second action was within Supreme Court’s broad discretion pursuant to CPLR 3211 (a) (4) (see Whitney v Whitney, 57 NY2d 731…
  • Cherico v. Midollo, 67 A.D.3d 622 (N.Y. App. Div. 2d Dep't 2009).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an action should be dismissed on the ground that there is another action pending between the same parties for the same cause of action (see Whitney v Whitne…
  • Nakazawa v. Horowitz, 50 A.D.3d 985 (N.Y. App. Div. 2d Dep't 2008).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion as to the disposition of an action when another action is pending (see Whitney v Whitney, 57 NY2d 731, 732 [1982]) and may dismiss one of the actions where there is a substantial…
  • Simonetti v. Larson, 44 A.D.3d 1028 (N.Y. App. Div. 2d Dep't 2007).published
    Pursuant to CPLR 3211 (a) (4), a court has broad discretion as to the disposition of an action when another action is pending (see Whitney v Whitney; 57 NY2d 731, 732 [1982]; Matter of Janet L., 200 AD2d 801 [1994]; Barringer v Zgoda, 91 A…
  • Angel v. Bank of Tokyo-Mitsubishi, Ltd., 39 A.D.3d 368 (N.Y. App. Div. 1st Dep't 2007).published
    The motion court’s decision to dismiss the third through fifth causes of action on the ground of other action pending (see CPLR 3211 [a] [4]) was a proper exercise of discretion (see Whitney v Whitney, 57 NY2d 731, 732 [1982]).
  • D'Agostino v. Harding, 217 A.D.2d 835 (N.Y. App. Div. 3d Dep't 1995).published
    Under this statute, courts enjoy broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action (see, Whitney v Whitney, 57 NY2d 731, 732).
  • Dep't of Hous. Pres. & Dev. v. Koenigsberg, 133 Misc. 2d 893 (N.Y. City Civ. Ct. 1986).published
    The Court of Appeals has recently held that "CPLR 3211 (subd [a], par 4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties” (Whitney v Whit…
  • Est. of Brook v. Ruotolo, 2026 NY Slip Op 51414(U) (N.Y. Sup. Ct., New York Cty. 2026).unpublished
    "Pursuant to CPLR 3211(a)(4), a court has broad discretion in determining whether an action should be dismissed on the ground that another action is pending for the same relief, particularly where there is substantial identity of the parti…
  • DeSilvo v. Splen Constr., Inc., 2026 NY Slip Op 04278 (N.Y. App. Div. 2d Dep't 2026).published 2 cites
    "Pursuant to CPLR 3211(a)(4), a court has broad discretion in determining whether an action should be dismissed based upon another pending action where there is a substantial identity of the parties, the two actions are sufficiently simila…
  • Aurora Loan Servs., LLC v. Reid, 132 A.D.3d 788 (N.Y. App. Div. 2d Dep't 2015).published
  • Brestin v. LaBianca, 144 A.D.3d 722 (N.Y. App. Div. 2d Dep't 2016).published
  • Dec v. BFM Realty, LLC, 153 A.D.3d 497 (N.Y. App. Div. 2d Dep't 2017).published
  • Stevens v. Law Off. of Blank & Star, PLLC, 155 A.D.3d 917 (N.Y. App. Div. 2d Dep't 2017).published
  • U.S. Bank N.A. v. Beymer, 183 A.D.3d 454 (N.Y. App. Div. 1st Dep't 2020).published
  • O'Connor v. Demarest, 74 A.D.3d 1522 (N.Y. App. Div. 3d Dep't 2010).published
  • Clark v. Clark, 93 A.D.3d 812 (N.Y. App. Div. 2d Dep't 2012).published
  • A.F. Rockland Plumbing Supply Corp. v. Hudson Shore Associated Ltd. P'ship, 96 A.D.3d 885 (N.Y. App. Div. 2d Dep't 2012).published
  • Wells Fargo Bank, N.A. v. Pena, 51 Misc. 3d 241 (N.Y. Sup. Ct. 2016).published
  • Gupta v. Ostad, 2025 NY Slip Op 31610(U) (Civ. Ct. NYC, NY Cty. 2025).unpublished
  • Matter of Thelot v. Patterson, 179 A.D.3d 1077 (N.Y. App. Div. 2d Dep't 2020).published
At page 1324 cited at this page2 citing cases
  • 417 N Comanche St., LLC v. Emres II Tex, LLC, 2024 NY Slip Op 33567(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    CPLR § 3211(a)(4) grants courts broad discretion to dismiss an action when “there is another action pending between the same parties for the same cause of action in a court of any state or the United States.” See Whitney v. Whitney, 440 N.…
  • Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op 51341(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
    "CPLR 3211(a)(4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action." Whitney v. Whitney , 440 N.E.2d 1324, 1324…
Other citing cases7 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Harry P. Whitney
v.
Andrea R. Whitney
New York Court of Appeals.
Sep 9, 1982.
Published opinion
440 N.E.2d 1324
1982 N.Y. LEXIS 3657
APPEARANCES OF COUNSEL, Frederick C. Meyer and Steven M. Schapiro for appellant., Raoul Lionel Felder and Myrna Felder for respondent.
Cited by 116 opinions  |  Published

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, and the matter remitted to the Appellate Division, Second Department, for a review of the facts and the exercise of discretion, if appropriate. CPLR 3211 (subd [a], par 4) vests a court with broad discretion in considering whether to dismiss an action on the ground that another action is pending between the same parties on the same cause of action. Thus, it was error for the Appellate Division to have reversed, on the law, the lower court’s exercise of discretion in deciding the instant motion.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.