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CTC DEMOLITION v. GMH AETC MGT.

Docket No. a-3703-10t4

34 A.3d 1258 (2012)

424 N.J. Super. 1

CTC DEMOLITION COMPANY, INC., Plaintiff-Respondent, v. GMH AETC MANAGEMENT/DEVELOPMENT LLC, Balfour Beatty Communities, LLC and Balfour Beatty Military Housing, LLC, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 2012.

Attorney(s) appearing for the Case

Louis R. Moffa, Jr. , argued the cause for appellants (Montgomery, McCracken, Walker & Rhoads, attorneys; Jessamyn Vogel and Georgette Castner , Cherry Hill, on the briefs).

Joseph O. Consiglio , Mercerville, argued the cause for respondent.

Before Judges FISHER, BAXTER and NUGENT.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider how the first-filed rule of comity—by which "the court which first acquires jurisdiction has precedence" over another court later acquiring jurisdiction absent "special equities," Yancoskie v. Del. River Port Auth., 78 N.J. 321, 324, 395 A.2d 192 (1978)— applies when a party demands mediation...

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