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Tuesday, February 14, 2012

CTC DEMOLITION COMPANY, INC. VS. GMH AETC MANAGEMENT/DEVELOPMENT LLC, ET AL. A-3703-10T4

 CTC DEMOLITION COMPANY, INC. VS. GMH AETC           MANAGEMENT/DEVELOPMENT LLC, ET AL. 

A-3703-10T4

     In applying the first-filed rule of comity -- by which, absent special equities, the court that first acquires jurisdiction has precedence over another court later acquiring jurisdiction -- the court held that, in these circumstances, a demand for mediation or arbitration, alleged to be the contractually required form of dispute resolution, constituted the first-filed action.  As a result, the court held that the trial court was not required to defer to a later filed Pennsylvania suit, which sought a declaratory judgment regarding the applicability of mediation or arbitration. 01-27-12