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R&R CAPITAL LLC v. MERRITT

63 A.D.3d 565 (2009)

881 N.Y.S.2d 96

R&R CAPITAL LLC et al., Appellants, v. LINDA MERRITT, Respondent.

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

Decided June 23, 2009.

The court lacked jurisdiction to order plaintiffs to withdraw claims pending in the state courts of Pennsylvania and Delaware, since, as we recently found in the companion appeal, "the relief sought did not relate to a cause of action raised in the initial complaint, nor was the issue involved previously litigated in this action" (60 A.D.3d 528, 529 [2009]). Furthermore, the order improperly intrudes on the jurisdiction of the Delaware...

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