Except where otherwise prescribed by law, the court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just.
§ 2201.Stay
Article 22. Stay, Motions, Orders and Mandates · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 2201 gives the court where an action is pending general authority to stay proceedings in a proper case, on whatever terms are just, except where some other statute already controls the stay.
Full Text of CPLR 2201
Plain-English Summary
CPLR 2201 is short because it's meant to be a catch-all. Where no other statute already dictates whether and how to stay a case, the court where the action is pending can grant a stay in a proper case, on terms the court considers just. That flexibility is the point: stays come up in enough different situations, from a related action pending elsewhere to a bankruptcy filing to simple case management, that a single rigid rule would fail more often than it would help.
Because the standard is general, a stay motion under this section lives or dies on the judge's assessment of whether pausing the case makes sense given everything else going on, and on what conditions, if any, should attach to the pause. A stay imposed under this rule doesn't excuse a party from later showing why the case should stay paused if circumstances change.
Frequently Asked Questions
What does CPLR 2201 let a court do?
Grant a stay of proceedings in a case pending before it, in a proper case, on terms the court considers just, so long as no other statute already governs the situation.
Do I need a specific legal ground to ask for a stay under CPLR 2201?
The standard is general: a "proper case." Courts weigh factors like related litigation, prejudice to the parties, and case management concerns rather than applying a fixed test.
Can a court attach conditions to a stay granted under CPLR 2201?
Yes. The rule allows the court to grant a stay "upon such terms as may be just," which can include conditions the court sets.
Does CPLR 2201 apply if another statute already addresses staying my type of case?
No. The rule applies "except where otherwise prescribed by law," so a more specific statute governing stays in a particular situation takes precedence.
Is a stay granted automatically once I ask for one under CPLR 2201?
No. The court decides whether the case is a proper one for a stay and sets the terms; asking for a stay doesn't pause the proceedings on its own.
Advisory Committee Notes
This section is derived from CPA § 167 with no change of substance. CPA § 169 has been omitted. Its first exception, concerning a judgment or order appealed from, is covered in the appeals provisions and the final clause is unnecessary. The only effect of omitting the section is to change the rule prohibiting a judge out of court from granting a stay for longer than 20 days without notice. CPA § 167-a relates only to marital actions; it has therefore been transferred to the Domestic Relations Law along with CPA art 67-70. Section 168 has been treated in the title governing removal of actions. Also left to the discretion of judges is the matter of staying proceedings shortly before the beginning of a term in which an action may be reached for trial; the unnecessarily detailed restrictions on such a stay contained in RCP 155 have been omitted.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: New York motion to stay proceedingshow to stay a case in New York courtCPLR general stay authoritystay pending related action New York