On March 21, 2025, Justice Cohen of the New York County Commercial Division issued a decision in H.I.G. Realty Fin. II, LLC v. Kuperwasser, 2025 NY Slip Op. 30933(U), denying a motion to dismiss in favor of a prior pending action because of insufficient similarity of parties and claims, explaining:
To dismiss a cause of action under CPLR 3211(a)(4), the movant must demonstrate that there is another action pending between the same parties for the same cause of action in a court of any state or the United States; the court need not dismiss upon this ground but may make such order as justice requires. Pursuant to CPLR 3211(a)(4), an action should be dismissed where an identity of parties and causes of action in two simultaneously pending actions raises the danger of conflicting rulings relating to the same manner. With respect to the parties, the requirement is that there be substantial identity. Moreover, with respect to the subject of the actions, the relief sought must be the same or substantially the same.
Here, although there is some overlap between the underlying facts of this case and Cacciatore II, there is not a substantial identity of parties. Most importantly, the movant (HIG) is not a party in Cacciatore II. And Cacciatore II involves additional parties that are not before this Court. Accordingly, there is not another action pending between the same parties, nor is there a substantial identity of the parties.
Nor are the causes of action in Cacciatore II substantially identical to those presented before this Court. Cacciatore II pertains to the enforcement of the Stipulation to discontinue Cacciatore I, as well as related real estate disputes, whereas the case at hand involves a direct claim under the Recourse Guaranty. The causes of action in the two cases do not raise the danger of conflicting rulings relating to the same manner, and the relief sought is not the same or substantially the same.
(Internal quotations and citations omitted).