On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical, explaining:
CPLR 3211(a)(4) authorizes dismissal where there is another action pending between the same parties for the same cause of action. The court may dismiss an action pursuant to CPLR 3211(a)(4) where there is a substantial identity of the parties, the two actions are sufficiently similar, and the relief sought is substantially the same. Substantial, as opposed to complete, identity of parties is all that is required. Substantial identity of parties generally is present when at least one plaintiff and one defendant is common in each action. Nor is it necessary that the precise legal theories present in the first action also be present in the second action. The court must be mindful that the statute is intended to further the interest of judicial economy, comity and to avoid the risk of divergent rulings, and that it has broad
discretion in determining whether dismissal pursuant to CPLR 3211(a)(4) is proper.Prosperum has established entitlement to dismissal pursuant to CPLR 3211(a)(4). While there is not a complete identity of parties, there is a substantial identity of parties. Robinson and Prosperum are parties to both actions and Robinson’s present claims, and all named corporate entities are controlled by or associated with either Prosperum or Robinson. To the extent they can be deciphered, Robinsons claims in the instant action arise from the same five MCA agreements at issue in the prior action and thus could be asserted and litigated in the Monroe County action. Moreover, a determination on the claims and counterclaims asserted in the prior action will be substantially dispositive of the claim asserted in the instant action. Notably, Robinson does not address his failure to move to amend his answer in the prior action to add to his affirmative defenses and counterclaims and/or add parties or commence a third party action.
(Internal quotations and citations omitted).