LEE v. Edward Tyler Nahem, et al., Defendants–Appellants. (2025)

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered May 17, 2024, which denied defendants' motion for an anti-suit injunction, unanimously reversed, on the law, with costs, and the motion granted.

In January 2023, plaintiff commenced this action.  In a June 2023 order, Supreme Court dismissed the complaint in its entirety and later reduced the order to a final judgment.  Six months later, plaintiff commenced proceedings in France against the same defendants, making essentially the identical allegations.

Supreme Court improvidently exercised its discretion when it denied the motion for an anti-suit injunction.  Because a New York court has issued a final judgment on the merits in this action, the courts of this state are entitled to protect that judgment by enjoining plaintiff against pursuing the French proceeding (see Indosuez Intl. Fin. v. National Reserve Bank, 304 A.D.2d 429, 430–431, 758 N.Y.S.2d 308 [1st Dept. 2003];  Paramedics Electromedicina Comercial, Ltda. v. GE Med. Sys. Info. Tech., Inc., 369 F.3d 645, 654–655 [2d Cir. 2004]).  Furthermore, despite Supreme Court's suggestion otherwise, an anti-suit injunction is appropriate even in the absence of a forum selection clause, in the interest of preventing duplicative litigation that might lead to conflicting results and preventing the waste of judicial resources (see id. at 655;  see also Continuum Energy Techs., LLC v. Iron Oak, Inc. [USA], 228 A.D.3d 423, 424, 210 N.Y.S.3d 416 [1st Dept. 2024]).

We reject plaintiff's argument that an anti-suit injunction is inappropriate because the French proceeding involved issues of French law.  CPLR 4511(b) provides a mechanism for courts to construe the law of other jurisdictions (see Sea Trade Maritime Corp. v. Coutsodontis, 111 A.D.3d 483, 484, 978 N.Y.S.2d 115 [1st Dept. 2013];  Harris S.A. de C.V. v. Grupo Sistemas Integrales De Telecomunicacion S.A. De C.V., 279 A.D.2d 263, 264, 719 N.Y.S.2d 25 [1st Dept. 2001]).

We have considered plaintiff's remaining contentions and find them unavailing.