This action was commenced over 18 months prior to the commencement of the other actions in Pennsylvania, which were instituted only to protect and preserve plaintiff's rights in the event defendant prevailed on its affirmative defense of lack of personal jurisdiction. The Pennsylvania Statute of Limitations, which is shorter than that of New York, was about to expire. Dismissal because of the pendency of another action between the same parties is not mandatory, but, rather...
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