In Britt v. International Bus Servs. (255 AD2d 143 [1st Dept 1998]), the Court granted a stay of the New York civil action pending resolution of the New Jersey criminal prosecution because: "defendants have demonstrated that without Benoit's critical and necessary testimony in the civil action they would be unable to assert a competent defense. Under these circumstances, while there may be prejudice to plaintiff by the delay, his prejudice is not as severe as defendants would suffer without a stay. Plaintiff retains the right to move to vacate the stay in the event the criminal proceeding is not commenced within a reasonable period of time."