| Morgan Barrington Fin. Servs., Inc. v Nahzi |
| 2011 NY Slip Op 05678 [85 AD3d 1135] |
| June 28, 2011 |
| Appellate Division, Second Department |
| Morgan Barrington Financial Services, Inc., et al.,Appellants, v Fron Nahzi, Formerly Known as Fron Nazi, Respondent, et al.,Defendant. |
—[*1] Roy A. McKenzie, New York, N.Y., for respondent.
In an action, inter alia, to impose a constructive trust on certain real property, the plaintiffsappeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County(Satterfield, J.), entered January 24, 2011, as granted that branch of the motion of the defendantFron Nahzi, formerly known as Fron Nazi, which was pursuant to CPLR 3211 (a) (4) to dismissthe complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 3211 (a) (4), a court has broad discretion in determining whether an actionshould be dismissed on the ground that there is another action pending (see Whitney vWhitney, 57 NY2d 731, 732 [1982]; Kent Dev. Co. v Liccione, 37 NY2d 899, 901[1975]; Montalvo v Air Dock Sys.,37 AD3d 567 [2007]; Liebert vTIAA-CREF, 34 AD3d 756 [2006]). Under the circumstances of this case, the SupremeCourt providently exercised its discretion in granting that branch of the motion of the defendantFron Nahzi, formerly known as Fron Nazi, which was pursuant to CPLR 3211 (a) (4) to dismissthe complaint (see Simonetti vLarson, 44 AD3d 1028, 1029 [2007]; Weinstock v Cleary, Gottlieb, Steen &Hamilton, 224 AD2d 611 [1996]). Prudenti, P.J., Eng, Hall and Lott, JJ., concur.