MORRISSEY v. MORRISSEY (2026)

Order, Supreme Court, New York County (Michael L. Katz, J.), entered on or about January 24, 2025, which denied plaintiff wife's motion to consolidate a Family Court proceeding pending in New York County with this matrimonial action, and for a renewed award of maintenance and for pendente lite relief, without prejudice to seeking the same relief in a pending matrimonial action between the parties in Supreme Court, Queens County, and granted defendant husband's cross-motion to dismiss the action pursuant to CPLR 3211(a)(4), unanimously affirmed, without costs.

The husband demonstrated that the Queens County matrimonial action, which was pending at the time the wife commenced this matrimonial action, arose from the same subject matter, sought substantially the same relief, and involved the same parties. Accordingly, Supreme Court providently exercised its “broad discretion” in granting the husband's cross-motion to dismiss pursuant to CPLR 3211(a)(4) (Whitney v. Whitney, 57 N.Y.2d 731, 732, 454 N.Y.S.2d 977, 440 N.E.2d 1324 [1982]; see Matter of Pryce v. Pryce, 160 A.D.3d 965, 966, 75 N.Y.S.3d 497 [2d Dept 2018]).

We have reviewed the wife's remaining contentions and find them unavailing.