State courts have long exercised discretionary power to stay proceedings where a suit involving the same parties and issues is already under way in another forum (see Asher v. Abbott Laboratories, 307 AD2d 211, 211-212 [1st Dept. 2003]).
A New York Commercial Division practitioner seeking to avoid duplicative litigation can either move
“Should I stay or should I go”, queried the Clash. Litigators are often faced with the same question, albeit in a far different context. Most (but certainly not all!) Commercial Division practitioners try to move litigation with some degree of alacrity. The quicker the litigation proceeds, the swifter the resolution. Clients like quick resolutions.