(DOWNLOAD) "Maurice A. Krisel v. Phillips Petroleum Company" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Maurice A. Krisel v. Phillips Petroleum Company
- Author : Supreme Court of New York
- Release Date : January 15, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[32 A.D.2d 628 Page 628] The defendant Phillips has demonstrated the application of the recognized canons pertaining to a stay as embraced in CPLR
3211 (subd. [a], par. 4) as also the independent power of this court to deal with parallel litigations apart from statute.
(See Dresdner v. Goldman Sachs Trading Corp., 240 App. Div. 242, 244; Pollak v. Long Is. Light. Co., 246 App. Div. 765; 4
Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 3211.30, p. 32-76.) The defendant Phillips appeared in the prior Federal action
in 1965 and is now the sole surviving defendant therein. The subsequent New York action was not instituted until October,
1968, involving substantially the same parties and issues, save the new defendant Alcoa, on an issue not germane to Phillips.
In the Federal court action, pretrial procedures have been extensively pursued; there is and has been pending since July,
1968, a motion for summary judgment, which plaintiff admits would be dispositive of the New York action. Plaintiff's attorney
has offered to discontinue the Federal action if such a move would be in furtherance of the New York action, thus inferentially
conceding the sameness of the two causes of [32 A.D.2d 628 Page 629]