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AM. RE-INS. CO. v. SGB UNIVERSAL BUILDERS SUPPLY, INC.

160 A.D.2d 586 (1990)

American Re-Insurance Company, Plaintiff, v. SGB Universal Builders Supply, Inc., et al., Defendants. (Action No. 1.) Universal Builders Supply, Inc., Appellant, v. First State Insurance Company, Respondent. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, First Department.

April 24, 1990

Since plaintiff insured chose to seek resolution of the dispute in New York and waited over a year to start a similar action in Massachusetts, the IAS court properly denied plaintiff's motion to dismiss its own action (see, Colson v Pelgram, 259 N.Y. 370). A different result is not warranted by the fact that the New York action seeks only declaratory relief while the Massachusetts action was for money damages; plaintiff could have added a damage claim to the...

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