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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 14, 2026 |
| Citation | 2026 NY Slip Op 05995 |
| Area of law | Civil Procedure |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05995 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1232 |
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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