HUNTE v. CUBESMART SELF STORAGE (2024)

Order, Supreme Court, Bronx County (Paul L. Alpert, J.), entered on or about October 12, 2022, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(4), unanimously affirmed, without costs.

Supreme Court properly dismissed the complaint on the ground that there is another action pending “between the same parties for the same cause of action” (CPLR 3211[a][4]).  Plaintiff in this action seeks a monetary judgment in the amount of $100,000 for damages allegedly sustained as a result of defendant allegedly wrongfully auctioning off her items stored in a storage unit.  However, plaintiff commenced an action against defendant in the Small Claims part of Civil Court, Bronx County, seeking the same relief as in the instant action, i.e., monetary damages allegedly sustained after the alleged wrongful sale of her items.  The small claims action was scheduled for trial in Civil Court in October 2022.  Accordingly, if the instant action were permitted to proceed, identical parties would be litigating identical claims, presenting a risk of inconsistent judgments (see Alvarez & Marshal Valuation Servs., LLC v. Solar Eclipse Inv. Fund III, LLC, 216 A.D.3d 447, 448, 189 N.Y.S.3d 167 [1st Dept. 2023]).

We have considered plaintiff's remaining arguments and find them unavailing.