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Appellate Division, Second Department · October 14, 2026 · 2026 NY Slip Op 05995

Wardi v Alexim Holdings, LLC

Read the official decision: 2026 NY Slip Op 05995

Holding The Appellate Division affirmed the dismissal of the plaintiffs’ complaint under CPLR 3211(a)(4) because a separate action between the same parties for the same cause of action was already pending. The court determined that the plaintiffs’ action was not considered pending for this purpose because their complaint was not filed and served until after the defendant’s complaint in the separate action.

The court’s words

the Supreme Court did not err in directing dismissal of the complaint, pursuant to CPLR 3211(a)(4), on the ground that there is another action pending

2026 NY Slip Op 05995, at the official text

a complaint must have been served in that other action, otherwise it is not another action, or a prior action pending within the meaning of CPLR 3211(a)(4)

2026 NY Slip Op 05995, at the official text
CourtAppellate Division, Second Department
DecidedOctober 14, 2026
Citation2026 NY Slip Op 05995
Area of lawCivil Procedure
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 05995
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1232

Recommended citation

ESQ HQ, New York Law Watch, Wardi v Alexim Holdings, LLC, 2026 NY Slip Op 05995 (Appellate Division, Second Department, October 14, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05995/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 14, 2026. Updated October 14, 2026.