XL SPECIALTY INSURANCE COMPANY v. CONTINENTAL CASUALTY COMPANY

11313, 650018/19.

181 A.D.3d 546 (2020)

121 N.Y.S.3d 269

2020 NY Slip Op 02116

XL Specialty Insurance Company, Plaintiff, and Continental Casualty Company et al., Respondents, v. AR Capital et al., Appellants.

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

Decided March 26, 2020.


Supreme Court providently exercised its discretion in denying defendants' motions to dismiss pursuant to CPLR 3211(a)(4) based on another action pending, or pursuant to CPLR 327 for forum non conveniens, or alternatively, to stay this action, which was filed a day before defendants-appellants commenced an action against plaintiffs in Delaware, seeking to litigate most, but not all, of the same issues. New York courts generally follow the first-in-time-rule, which instructs...

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