American Re-Insurance Co. v. SGB Universal Builders Supply, Inc.

—Order and judgment (one paper), Supreme Court, New York County (Eugene Nardelli, J.), entered March 16, 1989, which granted defendant’s cross motion for summary judgment and denied plaintiff’s motion for dismissal, is unanimously affirmed, without costs.

Since plaintiff insured chose to seek resolution of the dispute in New York and waited over a year to start a similar action in Massachusetts, the IAS court properly denied plaintiff’s motion to dismiss its own action (see, Colson v Pelgram, 259 NY 370). A different result is not warranted by the fact that the New York action seeks only…