Motion to Lift Stay in New York

What Is a Motion to Lift Stay?

Background

CPLR 2201 states, “[e]xcept where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just.” (Id.)

But CPLR 3214(b) allows for an automatic stay of discovery upon the filing of a motion for summary judgment or pending the decision on a motion to dismiss. (Shovak v. Comm. Bank (2006) 35 A.D.3d 837, 838.)

How to Structure the Motion

Under CPLR 3214(b), service of a notice of motion pursuant to CPLR 3212 stays [discovery] until determination of the motion unless the court orders otherwise.

Motion to Lift Stay

Despite far reaching consequences there is little case law activity on CPLR §3214. (Champion 221 LLC v. Madave Props. SPE, LLC (2013) N.Y. Slip Op. 30616, citing McKinney's Consolidated Laws of New York, Book 7B, Rule 3214, Practice Commentaries, David D. Siegel, at 536.) The scant precedents and CPLR §3214(b) itself authorizes the court to order discovery not withstanding the automatic stay of CPLR § 3214(b). Hence, despite the automatic stay provision of CPLR § 3214(b) the trial court may direct otherwise if there is a legitimate need for discovery. (Id.; see also Reilly v Oakwood Heights Community Church (2000) 269 A.D.2d 582.)

The Court’s Decision

A motion for stay of proceedings is primarily addressed to court's discretion. (CPLR § 2201.) Generally, an action in a state court will not be stayed pending determination of a federal action, “where it appears that the action sought to be stayed will have to be determined no matter which way the case in the federal jurisdiction is decided.” (Grand Central Building Inc. v. New York Harlem Railroad Company (1977) 59 AD2d 207, 210.)

Finding that “[a] motion court's denial of a stay was an improvident exercise of discretion,” the court, in Asher v. Abbott Laboratories ((2003) 307 A.D.2d 211), further stated that “a stay pending determination of a related proceeding should be granted only when the other proceeding shares complete identity of parties, claims and relief sought....” (Id.) That same court also held that “[A] stay may be warranted when there is substantial identity between state and federal actions .... The latter instance is justified upon due consideration of issues of comity, orderly procedure, and judicial economy. (Id., internal citations omitted.)

Documents

Case Filed

Jun 13, 2022

Case Status

Active

County

Richmond County, NY

Filed Date

Dec 01, 2022

Judge Hon. Ralph Porzio Trellis Spinner 👉 Discover key insights by exploring more analytics for Ralph Porzio
County

Kings County, NY

Filed Date

Nov 09, 2022

Type

Foreclosure (residential mortgage)

Judge

Partnow-For.Resolution Pt 2

County

New York County, NY

Filed Date

Oct 27, 2022

Judge Hon. David B. Cohen Trellis Spinner 👉 Discover key insights by exploring more analytics for David B. Cohen
County

Westchester County, NY

Filed Date

Aug 03, 2022

Judge Hon. Sam D Walker Trellis Spinner 👉 Discover key insights by exploring more analytics for Sam D Walker
Case Filed

Apr 21, 2021

Case Status

Disposed-Court Date/Application Pending

County

Dutchess County, NY

Filed Date

Aug 03, 2022

Judge Hon. Maria G Rosa Trellis Spinner 👉 Discover key insights by exploring more analytics for Maria G Rosa
County

New York County, NY

Filed Date

Jun 29, 2022

County

New York County, NY

Filed Date

Nov 23, 2021

Case Filed

Jan 13, 2020

Case Status

Disposed-Court Date/Application Pending

County

Ontario County, NY

Filed Date

Sep 21, 2021

Type

Torts - Other (Wrongful death)

Judge Hon. Brian D. Dennis Trellis Spinner 👉 Discover key insights by exploring more analytics for Brian D. Dennis

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