Whitney v. Whitney
Cases that cite this one
115 later published cases cite this decision. The 25 that cite it most often are listed here.
- CELLINO & BARNES, P.C. v. LAW OFFICE OF CHRISTOPHER J. CASSAR (Appellate Division of the Supreme Court of New York 2016)
- Wells Fargo Bank, N.A. v. Pena (New York Supreme Court 2016)
- MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC (New York Supreme Court 2016)
- Aurora Loan Services, LLC v. Reid (Appellate Division of the Supreme Court of New York 2015)
- Scottsdale Insurance v. Indemnity Insurance (Appellate Division of the Supreme Court of New York 2013)
- Scottsdale Insurance v. Indemnity Insurance (Appellate Division of the Supreme Court of New York 2013)
- White Light Productions, Inc. v. On The Scene Productions, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Morrissey v. Morrissey (Appellate Division of the Supreme Court of New York 2026)
- Matter of Group BFSI, Inc. v. STP Brokerage, Inc. (Appellate Division of the Supreme Court of New York 2026)
- Burstein v. Watson (Appellate Division of the Supreme Court of New York 2026)
- Pinks v. Mt. Sinai EMS (New York Supreme Court, New York County 2025)
- Twenty Tenants HDFC v. Bargallo (New York Supreme Court, New York County 2025)
- Aykac v. City of New York (New York Supreme Court, New York County 2025)
- Gupta v. Ostad (NYC Civil Court, New York 2025)
- James N. Karas Revocable Trust v. Hoppe (New York Supreme Court, New York County 2025)
- Robinson v. Pearl Delta Funding LLC (New York Supreme Court, New York County 2025)
- Where the Heart Is LLC v. Newrez LLC (New York Supreme Court, New York County 2024)
- Where The Heart Is LLC v. Newrez LLC (New York Supreme Court, New York County 2024)
- RDF Agent, LLC v. Electric Red Ventures, LLC (Appellate Division of the Supreme Court of New York 2024)
- Melis v. Blake Stone, LLC (Appellate Division of the Supreme Court of New York 2024)
- St. Paul Fire & Mar. Ins. Co. v. Getty Props. Corp. (Appellate Division of the Supreme Court of New York 2024)
- Resetarits Constr. Corp. v. Norfolk S. Ry. Co. (Appellate Division of the Supreme Court of New York 2024)
- SD Second Ave. Member LLC v. SD Second Ave. Venture, LLC (New York Supreme Court, New York County 2024)
- Aerogen LLC v. Tapjets Holdings Inc. (New York Supreme Court, New York County 2024)
- 417 N Comanche St., LLC v. EMRES II Tex, LLC (New York Supreme Court, New York County 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.