INDOSUEZ INTERNATIONAL FINANCE v. NATIONAL RESERVE BANK (1999)

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

INDOSUEZ INTERNATIONAL FINANCE B.V., Plaintiff-Appellant, v. NATIONAL RESERVE BANK, Defendant-Respondent.

Decided: July 08, 1999

SULLIVAN, J.P., NARDELLI, TOM, SAXE and FRIEDMAN, JJ.

A. Grant McCrea, for Plaintiff-Appellant. Robert A. Schwinger, for Defendant-Respondent.

Order, Supreme Court, New York County (Barry Cozier, J.), entered May 3, 1999, which denied plaintiff's motion for a preliminary injunction to enjoin defendant from prosecuting an action it had commenced against plaintiff in Russia, or from instituting any other such actions, unanimously affirmed, with costs.

The IAS court properly exercised its discretion in denying plaintiff's motion for a preliminary injunction since the doctrine of comity militates against staying proceedings previously commenced in a foreign court of competent jurisdiction (see, Sarepa, S.A. v. Pepsico, Inc., 225 A.D.2d 604, 639 N.Y.S.2d 128, lv. denied 91 N.Y.2d 801, 666 N.Y.S.2d 563, 689 N.E.2d 533), and the additional expense and trouble of litigating in a foreign court is insufficient to warrant an injunction (see, Paramount Pictures, Inc. v. Blumenthal, 256 A.D. 756, 760, 11 N.Y.S.2d 768, lv. denied 281 N.Y. 682, 23 N.E.2d 15).

MEMORANDUM DECISION.

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