Practice point: New York courts generally follow the rule,
which provides that the court which has first taken jurisdiction is the one
in which the matter should be determined, and it is a violation of the
rules of comity to interfere.
Student note: When
considering whether to dismiss a later-filed action, courts will
determine whether there is a sufficient identity of parties. In fact, substantial, not complete, identity of parties is all that is required to invoke CPLR 3211(a)(4). Where, as here, a plaintiff seeks the same damages for the
same alleged injuries relating to the same transaction from close
corporate affiliates, a court may properly make a finding that parties
have substantially similar identities sufficient to invoke the rule.
Case: Syncora Guar. Inc. v. J.P. Morgan Sec., LLC, NY Slip Op 05602 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Conveyance of a property by deed.
