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MATTER OF AMERICAN EXPRESS CO. v. UNITED STATES VIRGIN IS. DEPT. OF JUSTICE

10496NA. 10496N.

178 A.D.3d 426 (2019)

115 N.Y.S.3d 236

2019 NY Slip Op 08618

In the Matter or American Express Company, Appellant, v. United States Virgin Islands Department of Justice et al., Respondents.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Wilmer Cutler Pickering Hale and Dorr LLP, New York ( David S. Lesser of counsel), for appellant.

Motley Rice LLC, New York ( David I. Ackerman of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

Petitioner seeks to quash a subpoena issued by the Attorney General and Commissioner of the Department of Licensing and Consumer Affairs of the United States Virgin Islands (USVI).

The motion court improvidently exercised its discretion in dismissing the instant action in favor of the related USVI action.

Although the USVI action was filed first, it was only first by a few hours (see L-3 Communications Corp. v SafeNet, Inc., 45 A.D...

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