The plaintiff commenced a main action to recover monies from the defendant, a former romantic partner.
The plaintiff subsequently commenced a second action alleging the defendant fraudulently conveyed funds to her counsel.
The defendant brought a motion to dismiss the second action, arguing it was res judicata, an abuse of process, or should be dismissed because another proceeding was pending.
The court dismissed the motion, finding the claim was not res judicata as no final order had been made, and it was not an abuse of process.
However, to prevent the risk of double recovery, the court ordered the fraudulent conveyance action stayed pending the outcome of the main action.
