SAREPA v. PEPSICO, INC.


225 A.D.2d 604 (1996)

639 N.Y.S.2d 128

Sarepa, S. A., Respondent, v. Pepsico, Inc., et al., Appellants

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

March 11, 1996


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for an injunction is denied.

The rule of comity forbids the granting of an injunction to stay proceedings which have been commenced in a foreign court of competent jurisdiction unless it is clearly shown that the suit sought to be restrained was brought in bad faith, or motivated by fraud or an intent to harass the party seeking the injunction, or if its purpose was to evade the...

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