The tortious interference and fraudulent inducement claims were dismissed on the ground of another action pending, pursuant to CPLR 3211(a)(4). New York follows the first-in-time rule, and as those claims were initially brought in Delaware and the Delaware court took jurisdiction over them, the Delaware court must decide the claims.
Resort Group, Inc. v. Cerberus Capital Mgt., L.P., NY Slip Op 01071 (1st Dep't February 28, 2023)
