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Lawler v. TropWorld Casino & Entertainment Resort
Citations: 238 A.D.2d 383; 657 N.Y.S.2d 360; 1997 N.Y. App. Div. LEXIS 3816
Court: Appellate Division of the Supreme Court of the State of New York; April 14, 1997; New York; State Appellate Court
In a negligence case concerning personal injuries, the defendants appealed an order from the Supreme Court, Westchester County, which denied their motion to stay the action. The appeal was granted, and the action was stayed. The plaintiff, John E. Lawler, claimed injuries due to a collapsing poolside chair at TropWorld Casino and Entertainment Resort in Atlantic City. He and his wife initiated a separate action in New Jersey against TropWorld and Aztar Corporation, serving the summons and complaint on August 22, 1995. The defendants responded, stating they lacked sufficient information regarding the ownership and management of TropWorld. In November 1995, the plaintiff filed a summons with notice in the New York action, prompting the defendants to seek a stay. The court ruled that, given a prior action in another state with questions about whether full relief could be provided, the New York action should be stayed until the New Jersey action is resolved. The decision was supported by precedents emphasizing the need for a stay when there is an existing related case.