In the first of two companion comity cases, special equities inured against the issuance of an anti-suit injunction. In the second, a motion to stay should have been granted where a New York action was "first filed" and there was insufficient support for the argument that New Jersey was the "natural" forum or that plaintiff had unfairly outraced defendant to court.
March 25, 2009 at 12:00 AM
1 minute read
Continental Insurance Company v. Honeywell International Inc., A-1973-08T1; Appellate Division; opinion by Fisher, J.A.D.; decided and approved for publication March 24, 2009. Before Judges Cuff, Fisher and Baxter. On appeal from the Law Division, Morris County, L-133-04 and L-1498-06. DDS No. 23-2-3175 [60 pp.]
The appellate panel considered the trial court’s application of comity principles in these two companion cases.
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