Mochary v. Bergstein, No. 21-1972 (2d Cir. 2022)

Plaintiff appealed from a judgment of the district court dismissing on abstention grounds his complaint asserting claims of replevin, conversion, and statutory theft relating to a Jackson Pollock collage. On appeal, Plaintiff argued the district court erred in abstaining under Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976) because (1) the state and federal actions are not “concurrent and parallel” since they involve different parties, different issues, and different remedies; and (2) his claims will not become moot if the state court finds the collage is part of Defendant’s marital estate because Defendant is not a party to the divorce action and the state court will not adjudicate his claims.
 
The Second Circuit vacated the district court’s dismissal of Plaintiff’s complaint. The court explained that the federal and state proceedings at issue here are not parallel; the parties and relief sought are not the same. Here, Plaintiff is not a party to the state divorce action, and his sister is not a party to the federal court action. The issues and relief sought are distinct: the state action involves domestic relations concerns as well as identification and distribution of marital property while Plaintiff raises claims related to ownership and care of the Collage—tort claims against only Defendant seeking replevin of the Collage and monetary damages for conversion and civil theft. Mere “commonality in subject matter” does not render actions parallel.