Court Grants Stay of Civil Action During Pendency of Related Criminal Action

On February 25, 2025, Justice Reed of the New York County Commercial Division issued a decision in D’Alessandro v. Kushner, 2025 NY Slip Op. 50240(U), staying a civil action during the pendency of a related criminal action, explaining:

Courts may grant a stay of proceedings in general upon such terms as may be just. When deciding whether to issue a stay under section 2201, courts consider issues of comity, orderly procedure, and judicial economy. Courts possess broad discretion to grant stays where appropriate, such as where a separately ongoing proceeding could dispose of or limit the issues to be resolved in the pending litigation.

Here, it is this court’s view that a stay of this civil action is appropriate. The protection of the right against self-incrimination is an important consideration of the court and a stay of this proceeding will further judicial economy and orderly procedure given the nature of the pending criminal action against Kushner and the substance of the civil claims asserted against him herein. Additionally, plaintiffs have not opposed the application or identified any undue prejudice resulting from a stay of proceedings.

(Internal quotations and citations omitted).

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